Richardson v. Northwestern Memorial Healthcare

CourtDistrict Court, N.D. Illinois
DecidedApril 15, 2025
Docket1:23-cv-00617
StatusUnknown

This text of Richardson v. Northwestern Memorial Healthcare (Richardson v. Northwestern Memorial Healthcare) 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
Richardson v. Northwestern Memorial Healthcare, (N.D. Ill. 2025).

Opinion

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION Robert Richardson,

Plaintiff, No. 23 CV 0617 v. Judge Lindsay C. Jenkins Northwestern Memorial HealthCare et al.,

Defendants.

MEMORANDUM OPINION AND ORDER Robert Richardson brings this suit against his former employer, Northwestern Medicine Regional Medical Group (“RMG”), and its parent company, Northwestern Memorial HealthCare (“NMHC”) alleging unlawful termination under the Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq. (“ADEA”). Before the Court is Defendants’ motion for summary judgment. [Dkt. 41.]1 For the reasons below, the motion is granted. I. Local Rule 56.1 The Court first addresses the parties’ Local Rule 56.1 objections that bear on the facts of the case. Along with their summary judgment briefs, the parties filed statements of material facts as required by Local Rule 56.1. [Dkts. 42, 47–49.] The statements serve a valuable purpose: they help the Court in “organizing the evidence and identifying disputed facts.” Fed. Trade Comm’n v. Bay Area Bus. Council, Inc., 423 F.3d 627, 633 (7th Cir. 2005). Each statement of fact must be “concise.” L.R. 56.1(d)(1). “To dispute an asserted fact, a party must cite specific evidentiary material

1 Citations to docket filings generally refer to the electronic pagination provided by CM/ECF, which may not be consistent with page numbers in the underlying documents. that controverts the fact and must concisely explain how the cited material controverts the asserted fact. Asserted facts may be deemed admitted if not controverted with specific citations to evidentiary material.” L.R. 56.1(e)(3).

A party responding to an adversary’s statement of facts may make objections based on admissibility, with the argument for the propriety of the objection in its brief. L.R. 56.1(e)(2) (“If a party contends that its opponent has included objectionable or immaterial evidence or argument in a LR 56.1 submission, the party’s argument that the offending material should not be considered should be included in its response or reply brief.”). If the Court overrules the objection and the party does not

otherwise dispute the fact, however, the fact is deemed admitted. Id. “To be considered on summary judgment, evidence must be admissible at trial, though the form produced at summary judgment need not be admissible.” Aguilar v. Gaston- Camara, 861 F.3d 626, 631 (7th Cir. 2017) (internal quotation omitted). The Court may require strict compliance with Local Rule 56.1. Johnson v. Edward Orton, Jr. Ceramic Found., 71 F.4th 601, 611 n.13 (7th Cir. 2023). Defendants argue that many of Richardson’s responses to its L.R. 56.1

Statement contravene L.R. 56.1(e)(3) because they either dispute factual assertions without explanation or raise specific objections (on hearsay, foundation, or relevance grounds) but fail to explain how the objections apply. Other responses also fail to cite any supporting evidence. [Dkt. 50 at 2–6.] The Court agrees. The Local Rules make clear that a party disputing a fact must cite and explain the basis for its challenge. Richardson failed to do one or both in response to paragraphs 12, 15, 17, 19, 22–26,

45–53, 56–64, and 72. Nor did he explain even a single objection in his response brief, as required by L.R. 56.1(e)(2). Consequently, unless a factual statement is clearly disputed from the face of Richardson’s cited evidence or is otherwise inadmissible, the Court will consider Defendants’ factual assertions admitted.

Next, Richardson objects to the existence of an “APP care model” in paragraphs 42–53 and 62 because Defendants didn’t produce written documentation of the model or policies for its implementation to support the deposition testimony that Defendants cite to prove the model’s existence. This is not a valid objection because Federal Rule of Civil Procedure 56(c)(1)(A) expressly states that deposition testimony can be used to support a factual assertion. This objection is also contradicted by the evidence,

which shows that Dr. Babak Jahromi delivered a PowerPoint presentation of the model to other hospital leaders. [Dkt. 49, ¶ 36.] Defendants also object to multiple assertions in Richardson’s Statement of Additional Material Facts, arguing that they include inadmissible hearsay, are statements made without personal knowledge, lack evidentiary support, or are immaterial. [Dkt. 50 at 7–9.] The Court addresses these objections below where relevant.

II. Background The following facts are taken from the parties’ Local Rule 56.1 statements and attached exhibits. [Dkts. 42, 47–49.] The Court presents the facts in the light most favorable to the non-moving party. Emad v. Dodge Cty., 71 F.4th 649, 650 (7th Cir. 2023). These facts are undisputed except where a dispute is noted. A. RMG Structure and Personnel Northwestern Regional Medial Group (“RMG”) consists of the medical group working at Northwestern Medicine’s suburban ambulatory sites including, as

relevant here, Northwestern Medicine Central DuPage Hospital (“CDH”) and Northwestern Medicine Delnor Hospital (“Delnor”). [Dkt. 48, ¶ 2.] CDH and Delnor are “level two” trauma centers for which on-call neurosurgeons must be able to independently review any cases requiring urgent evaluation or surgical intervention, and to perform surgery if needed. [Id., ¶ 14.] Delnor is smaller than CDH and has less capacity. [Id., ¶ 34.] RMG neurosurgeons working at CDH and Delnor share a call pool such that a neurosurgeon on call would typically cover call for both hospitals.

[Id., ¶ 15.]2 Apart from neurosurgeons, RMG medical staff include “advanced practice professionals” or “advanced practice providers” (“APPs”), which encompass advanced nurse practitioners (“APRNs”) and physician assistants (“PAs”). [Id., ¶ 13.] Among other things, APPs supporting neurosurgeons assist primary surgeons during neurological procedures, see patients in clinic and inpatients, “round” on patients in

different settings, look after outpatient requests, and help with call coverage. APPs cannot be the “primary” person on call, so a neurosurgeon must be on call with an APP. [Id., ¶ 18.] APPs were paid between $110,000 and $160,000. [Dkt. 49, ¶ 38; Towne Tr. at 64:15–64:20.]

2 Richardson disputes paragraph 15 without explaining what he disputes. The testimony he cites doesn’t contradict the factual assertion, so it is deemed admitted. Dr. Patrick Towne has served as President of RMG since 2014.3 As President, he manages RMG’s operations and is responsible for hiring and firing RMG neurosurgeons, including those at CDH and Delnor. [Dkt. 48, ¶ 3.] In the relevant

period, Dr. Towne would typically consult Drs. Babak Jahromi and Andrew Chenelle (now deceased) in the employment of RMG neurosurgeons. [Id., ¶ 4.] B. Richardson’s Employment and Capabilities Plaintiff Robert Richardson is a board-certified neurosurgeon.4 [Dkt. 49, ¶ 29.] In or around 2017, RMG hired neurosurgeon Dr. John Brayton, who had worked with Richardson in private practice for about 15 years. After Dr. Brayton was hired, he pushed for RMG to hire Dr. Richardson as well. [Dkt. 48, ¶¶ 9–11.] Dr. Towne met

with Richardson and ultimately hired him as a neurosurgeon on August 28, 2017, without Dr. Jahromi’s input. Dr. Richardson was 75 years old at the time and paid a standard neurosurgeon’s salary ($180,000). [Id., ¶¶ 6–8; Dkt. 49, ¶ 3.] When Dr. Towne hired Richardson, he was under the impression that Richardson was assisting Dr. Brayton in private practice in an APP-like role. He understood from Dr.

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