Miljkovic v. University Anesthesiologists, S.C.

68 F. Supp. 3d 884, 2014 U.S. Dist. LEXIS 130794, 98 Empl. Prac. Dec. (CCH) 45,164, 124 Fair Empl. Prac. Cas. (BNA) 744, 2014 WL 4656660
CourtDistrict Court, N.D. Illinois
DecidedSeptember 18, 2014
DocketNo. 11 C 6775
StatusPublished

This text of 68 F. Supp. 3d 884 (Miljkovic v. University Anesthesiologists, S.C.) is published on Counsel Stack Legal Research, covering District Court, N.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Miljkovic v. University Anesthesiologists, S.C., 68 F. Supp. 3d 884, 2014 U.S. Dist. LEXIS 130794, 98 Empl. Prac. Dec. (CCH) 45,164, 124 Fair Empl. Prac. Cas. (BNA) 744, 2014 WL 4656660 (N.D. Ill. 2014).

Opinion

OPINION AND ORDER

WILLIAM T. HART, UNITED STATES DISTRICT JUDGE

Plaintiff Aldijana Miljkovic worked as a medical assistant for defendant University Anesthesiologists, S.C. (“UA”) from June 2008 until September 2009 when she was fired for not promptly and properly reporting that a vial of Demerol was missing from the locked narcotics cabinet. Defendant UA claims the decision was based not only on this incident, but also on plaintiffs earlier performance problems in February 2009 when she was placed on three-month probation.

Plaintiff believes discrimination motivated the decision. She alleges that Renata Lukenda, her immediate supervisor, and her second-level supervisor, Dr. Olga Ivan-kovich, falsely accused her of wrongdoing to get her fired because they were Croatians and Christians who disliked plaintiffs national origin (Bosnian) and religion (Muslim). Plaintiff alleges that they created a hostile environment by making comments critical of Bosnians and Muslims. She also alleges that, in October 2008, defendant failed to accommodate her request to take off work for the Muslim holiday of Ramadan.

The court has jurisdiction of the parties and the subject matter. 42 U.S.C. §§ 2000e et seq. and 28 U.S.C. § 1391.

Defendant UA moves for summary judgment. On a motion for summary judgment, the entire record is considered with all reasonable inferences drawn in favor of the nonmovant and all factual disputes resolved in favor of the nonmovant. Crawford v. Metro. Gov’t of Nashville & Davidson Cnty., Tenn., 555 U.S. 271, 274 n. 1, 129 S.Ct. 846, 172 L.Ed.2d 650 (2009); Malen v. MTD Prods., Inc., 628 F.3d 296, 303 (7th Cir.2010); Stokes v. Ad. of Educ. of City of Chicago, 599 F.3d [887]*887617, 619 (7th Cir.2010). The burden of establishing a lack of any genuine issue of material fact rests on the movant. Ponsetti v. GE Pension Plan, 614 F.3d 684, 691 (7th Cir.2010); Outlaw v. Newkirk, 259 F.3d 833, 837 (7th Cir.2001). The nonmov-ant, however, must make a showing sufficient to establish any essential element for which she will bear the burden of-proof at trial. Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986); Montgomery v. Am. Airlines, Inc., 626 F.3d 382, 389 (7th Cir.2010). The movant need not provide affidavits or deposition testimony showing the nonexistence of such essential elements. Celotex, 477 U.S. at 324, 106 S.Ct. 2548; O’Brien v. Encotech Constr., 2004 WL 609798 * 1 (N.D.Ill. March 23, 2004). Also, it is not sufficient to show evidence of purportedly disputed facts if those facts are not plausible in light of the entire record. See Lorillard Tobacco Co. v. A & E Oil, Inc., 503 F.3d 588, 594-95 (7th Cir.2007); Yasak v. Ret. Bd. of Policemen’s Annuity & Benefit Fund of Chicago, 357 F.3d 677, 679 (7th Cir.2004); Lampley v. Mitcheff 2010 WL 4362826 *6 (N.D.Ind. Oct. 27, 2010). As the Seventh Circuit has summarized:

The party moving for summary judgment carries the initial burden of production to identify “those portions of the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, which it believes demonstrate the absence of a genuine issue of material fact.” Logan v. Commercial Union Ins. Co., 96 F.3d 971, 978 (7th Cir.1996) (citing Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986) (citation and internal quotation omittéd)). The moving party may discharge this burden by “ ‘showing — that is, pointing out to the district court — that there is an absence of evidence to support the non-moving party’s case.” Celotex, 477 U.S. at 325, 106 S.Ct. 2548. Once the moving
party satisfies this burden, the nonmov-ant must “set forth specific facts showing that there is a genuine issue for trial.” Fed.R.Civ.P. 56(e). “The non-movant must do more, however, than demonstrate some factual disagreement between the parties; the issue must be ‘material.’ ” Logan, 96 F.3d at 978. “Irrelevant or unnecessary facts do not preclude summary judgment even when they are in dispute.” Id. (citation omitted). In determining whether the non-movant has identified a “material” issue of fact for trial, we are guided by the applicable substantive law; “[o]nly disputes that could affect the outcome of the suit under governing law will properly preclude the entry of summary judgment.” McGinn v. Burlington Northern R. Co., 102 F.3d 295, 298 (7th Cir.1996) (citation omitted). Furthermore, a factual dispute is “genuine” for summary judgment purposes only when there is “sufficient evidence favoring the nonmoving party for a jury to return a verdict for that party.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). Hence, a “metaphysical doubt” regarding the existence of a genuine fact issue is not enough to stave off summary judgment, and “the nonmovant fails to demonstrate a genuine issue for trial ‘where the record taken as a whole could not lead a rational trier of fact to find for the non-moving party....’” Logan, 96 F.3d at 978 (quoting Matsushita Elec. Indus. Co., Ltd. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986)).

Outlaw, 259 F.3d at 837.

Resolving all genuine factual disputes and drawing all reasonable inferences in plaintiffs favor, the following facts are assumed to be true for purposes of summary judgment. Plaintiff is a Muslim who was born in Bosnia and lived there until she [888]*888was 11 years old. On June 13, 2008, she was hired by defendant to work in its Pain Center. The decision to hire plaintiff was made by Dr. Olga .Ivankovich, an Orthodox Christian who grew up in the part of Yugoslavia that is now Croatia.1

Dr. Olga was not in the Pain Center on a daily basis and left management to Re-nata Lukenda, plaintiffs immediate supervisor. Dr. Olga told all the medical assistants that orders from Lukenda were to be followed and treated as if said by Dr.

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68 F. Supp. 3d 884, 2014 U.S. Dist. LEXIS 130794, 98 Empl. Prac. Dec. (CCH) 45,164, 124 Fair Empl. Prac. Cas. (BNA) 744, 2014 WL 4656660, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miljkovic-v-university-anesthesiologists-sc-ilnd-2014.