Rodriguez v. Webb Hospital Corp.

234 F. Supp. 3d 834, 2017 U.S. Dist. LEXIS 21025, 2017 WL 1231471
CourtDistrict Court, S.D. Texas
DecidedFebruary 10, 2017
DocketCIVIL ACTION NO. 5:15-CV-292
StatusPublished
Cited by19 cases

This text of 234 F. Supp. 3d 834 (Rodriguez v. Webb Hospital Corp.) is published on Counsel Stack Legal Research, covering District Court, S.D. Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rodriguez v. Webb Hospital Corp., 234 F. Supp. 3d 834, 2017 U.S. Dist. LEXIS 21025, 2017 WL 1231471 (S.D. Tex. 2017).

Opinion

MEMORANDUM AND ORDER

■ Marina Garcia Marmolejo, United States District Judge

In the weeks following her eye surgery, Plaintiff San Juana Rodriguez resigned her job as a phlebotomist. She later sued her former employer, Defendant Laredo Medical Center,1 alleging that Defendant violated the Family and Medical Leave Act (FMLA) by retaliating against her for taking three days of medical leave for her eye surgery.

Defendant has moved for summary judgment on all of Plaintiffs claims. Because the Court concludes that Plaintiff did not suffer an adverse employment action, the Court GRANTS Defendant’s Motion for Summary Judgment. (Dkt. No. 21). Additionally, Plaintiffs Motions to Compel (Dkt. Nos. 36, 41) are DENIED, Defendant’s Motion to Strike (Dkt. No. 39) is GRANTED, and Defendant’s Objections to Plaintiffs Summary Judgment Evidence (Dkt. No. 34) are DENIED as moot.

I. Background

Plaintiff began working for Defendant as a phlebotomist over twenty years ago in 1993. (Dkt. No. 1 at 2). For almost all of that time, she worked exclusively at Defendant’s south outpatient clinic (South Clinic). {Id. at 3). Her duties consisted mainly of drawing blood and collecting other types of medical samples. (Dkt. No. 33-1 at 6:11-21). Over the years, however, the amount of patients coming into South Clinic slowly decreased, resulting in a corresponding decrease from six phlebotomists in 1993 to two phlebotomists in 2013. (Dkt. No 21-1 at 17:21-22; 22:24-25).

¡Sometime in August or September 2013, several changes were made to the management structure at South Clinic. The director and supervisor were removed, and Plaintiff and her co-worker Angie Busta-mante (the only two phlebotomists remaining) came under the supervision of Defendant’s Laboratory Department, which was headed by Edna Soliz and Irma Buentello. (Dkt. No. 21-2 at 6-7). This change in management brought corresponding changes to Plaintiffs schedule. Buentello began scheduling Plaintiff to work Saturday shifts and to work shifts in the main hospital, things that she had never done before. (Dkt. No. 21-1 at 28-29).

[837]*837Around the same time as the management change, Plaintiff began suffering from an eye condition that caused excessive swelling and tearing of the eyes. (Dkt. No, 33-1 at 12:4-19). Plaintiff underwent treatment for the condition, but to no avail. (Dkt. No. 33-5). The condition worsened, and her doctor soon recommended surgery, which he scheduled for Thursday, December 9, 2013, and instructed Plaintiff not to return to work until Monday, December 12. (Dkt. No, 33-1 at 16-18). Plaintiff informed Buentello that she planned on taking FMLA leave for the surgery, but Buentello asked Plaintiff if she could push the surgery back a week because she had already set the schedule for those days. (Dkt. No. 33-6 at 12-13). Plaintiff refused to do so and took her FMLA leave. Upon returning to work on the 12th, she found her same job waiting. (Dkt. No. 21-1 at 48:23-49:5). She was not terminated, demoted, or reprimanded in any way (Id. at 52:4-17), and she continued to receive the same pay. (Dkt. No. 21-3 at ¶ 6).

After her return, however, Plaintiff noticed several changes to her working conditions. For example, she claims that she was required to work alone in South Clinic more often. (Dkt. No. 21-16 at 7-9). On these occasions, if Plaintiff felt overwhelmed, she would call Buentello to ask for help, but Buentello would tell her “no” without attempting to see if anyone was available. (Dkt. No. 33-1 at 22:11-15). Buentello also took one day of her approved vacation away during New Years. But this day was quickly restored after Plaintiff brought it to Buentello’s attention. (Dkt. No. 21-1 at 60:2-16). The final change in her work life came on Sunday, January 5, 2014, when Buentello scheduled Plaintiff for the 3:00 a.m. blood-collection shift on the hospital floors that treated critically-ill patients. Plaintiff described this shift as “the worst experience of her life,” and subsequently submitted her two weeks’ notice the next day, indicating that her last day of work would be January 17. (Id. at 61-63).

On December 17, 2015, nearly two years later, Plaintiff filed this lawsuit against Defendant alleging that Defendant interfered with her FMLA rights and changed her working conditions in retaliation for taking FMLA leave—changes that also created a hostile work environment and resulted in her constructive discharge.

II. Standard op Review

Summary judgment is appropriate if the moving party has shown that “there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(a). “A fact is ‘material’ if its resolution in favor of one party might affect the outcome of the lawsuit under governing law.” Sossamon v. Lone Star State of Tex., 560 F.3d 316, 326 (5th Cir. 2009). The dispute is genuine “if the evidence is such that a reasonable jury could return a verdict for the nonmoving party.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). All evidence is viewed in the light most favorable to the non-movant. Miller v. Metrocare Servs., 809 F.3d 827, 832 (5th Cir. 2016).

The initial burden is on the movant to point to portions of the record which he believes demonstrate the absence of a genuine dispute about a material fact. See Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). Once the movant has met his initial burden, the burden then shifts to the non-movant to come forward with “specific facts showing that there is a genuine issue for trial.” Matsushita Elect. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986) (emphasis omitted). When the movant would not bear the burden of proof at trial on a particular claim, he meets his initial bur[838]*838den on summary judgment if he identifies an element of the claim for which the non-movant has produced no evidence. See Skotak v. Tenneco Resins, Inc., 953 F.2d 909, 913 (5th Cir. 1992).

Although the court draws all reasonable inferences in favor of the non-movant, the non-movant “cannot defeat summary judgment with conclusory allegations, unsubstantiated assertions, or ‘only a scintilla of evidence.’ ” Turner v. Baylor Richardson Med. Ctr., 476 F.3d 337, 343 (5th Cir. 2007) (quoting Little v. Liquid Air Corp., 37 F.3d 1069, 1075 (5th Cir. 1994)). Conjecture and speculation do not satisfy the non-movant’s burden. Little, 37 F.3d at 1079.

III. Analysis

Congress enacted the FMLA to permit eligible employees “to take reasonable medical leave for medical reasons.” Elsensohn v. St. Tammany Par. Sheriff’s Office, 530 F.3d 368

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234 F. Supp. 3d 834, 2017 U.S. Dist. LEXIS 21025, 2017 WL 1231471, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rodriguez-v-webb-hospital-corp-txsd-2017.