Sadeghi v. Inova Health System

251 F. Supp. 3d 978, 2017 U.S. Dist. LEXIS 179715
CourtDistrict Court, E.D. Virginia
DecidedApril 5, 2017
DocketCase No. 1:16-cv-219
StatusPublished
Cited by16 cases

This text of 251 F. Supp. 3d 978 (Sadeghi v. Inova Health System) is published on Counsel Stack Legal Research, covering District Court, E.D. Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sadeghi v. Inova Health System, 251 F. Supp. 3d 978, 2017 U.S. Dist. LEXIS 179715 (E.D. Va. 2017).

Opinion

MEMORANDUM OPINION

T.S. Ellis, III, United States District Judge

Plaintiff Sam Sadeghi, an Iranian-born naturalized American citizen who is Muslim, filed this Title VII action against defendant Inova Health System, alleging that defendant unlawfully discharged him because of his race, religion, and national origin, and also unlawfully retaliated against him for filing discrimination com[981]*981plaints with defendant’s Human Resources department. Following full discovery, defendant filed a motion for summary judgment. As this motion has been fully briefed and argued orally, it is now ripe for disposition.

I.

Central to the summary judgment analysis is whether the record reflects that the material facts are undisputed or genuinely disputed. See Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). Thus, the first step in a summary judgment analysis is to ascertain whether the asserted material facts are undisputed. As such, Local Rule 56(B) and the Rule 16(B) Scheduling Order provide a framework to assist in this analysis.

Pursuant to Local Rule 56(B), the mov-ant’s brief must “include a specifically captioned section listing all material facts as to which the moving party contends there is no genuine issue and citing the parts of the record relied on to support the listed facts as alleged to be undisputed,” and the non-movant’s response brief must “include a specifically captioned section listing all material facts as to which it is contended that there exists a genuine issue necessary to be litigated and citing the parts of the record relied on to support the facts alleged to be in dispute.” E:D. Va. Local Civil Rule 56(B). The Scheduling Order provides that a motion for summary judgment must contain a separately captioned section listing in numbered-paragraph form all material facts as to which the movant contends no genuine dispute exists, and that the non-movant’s opposition brief must include “a separately captioned section within the brief addressing, in numbered-paragraph form corresponding to the movant’s section, each of the movant’s enumerated facts and indicating whether the non-movant admits or disputes the fact with appropriate citations to the record.” Sadeghi v. Inova Health Sys., No. 1-16-cv-219 (E.D. Va. Aug. 2, 2016). The Scheduling Order further states that the “Court may assume that any fact identified by the movant as undisputed in the movant’s brief that is not specifically controverted in the non-movant’s brief in the manner set forth above is admitted for the purpose of deciding the motion for summary judgment.” Id.

Defendant complied with Local Rule 56(B) and the Scheduling Order; plaintiff did not. Plaintiff instead provided his own alternative statement of undisputed material facts that does not correspond to the numbered paragraphs in defendant’s statement of undisputed material facts. Plaintiff also provided a short statement of disputed material facts which also does not correspond to. defendant’s . numbered paragraphs. Plaintiffs alternative statement “of [plaintiffs] own interpretation .of the facts” does not comply with either Local Rule 56(B) or the Scheduling: Order, thereby making “it difficult to determine exactly which material facts are disputed.” Integrated Direct Marketing, LLC v. May, 129 F.Supp.3d 336, 345 (E.D. Va. 2015).

As a result, the statement of undisputed material facts listed here is derived from defendant’s statement of undisputed material facts, many of which plaintiff does not specifically dispute. As for plaintiffs alternative statement of facts, that statement has been scoured for facts that might reasonably be viewed as in conflict with the facts stated here. Where such disputes appear, plaintiffs facts are either immaterial or not supported by admissible record evidence, as required by Rule 56(c)(2), Fed. R. Civ. P, For example, plaintiff supports multiple .factual' assertions with citations only to his unverified complaint, which is insufficient at the summary judgment stage to create a genuine dispute of [982]*982material fact. See Higgins v. Scherr, 837 F.2d 155, 156-57 (4th Cir. 1988) (“[T]he opponent of a summary judgment motion has a burden of showing, by proper affidavits or other evidence, the existence of a genuine dispute of material [fact] and cannot simply rest upon his unverified complaint.”).

II.

• Plaintiff is an Iranian-born, naturalized American' citizen and a Muslim.
• . Defendant Inova Health System is a nonprofit healthcare system based in Northern Virginia. Defendant employs over 16,000 people.
• In April 2001, Houshang Falahatp-our, who, like plaintiff, is an Iranian-born American citizen and a Muslim, was the Laboratory Manager for defendant’s emergency rooms in Springfield, Reston, and Fairfax, Virginia.
• Falahatpour hired plaintiff Sam Sadeghi, also an Iranian-American Muslim, in 2001; as a part-time Medical Technologist at' defendant’s Re-ston Emergency Care Center. In 2003, Falahatpour moved' plaintiff to a full-time Medical Technologist position, a position for which he'was qualified.1
• From 2002 to 2006, Falahatpour was plaintiffs direct supervisor and conducted plaintiffs annual performance evaluations.
• Defendant’s employee performance evaluations have two components. . First, the supervisor rates the employee’s job performance based on the requirements in each employee’s job profile. Plaintiff received scores in seven different categories, such as reporting accurate data and providing quality specimens for lab testing. Second, the supervisor, rates the employee with respect to defendant’s Standards of Behavior, which are part of every employee’s job description. The Standards of Behavior include traits.such as professionalism, positive attitude, ethics, and courte.ousness. Supervisors rank employees on a 1 through 5 scale in each category.2 A score of 1-1.99 is “unsatisfactory,” a score of 2-2.99 is “provisional” or “hew employee,” a score of 3-3.99 is “competent,” a score of 4-4.49 is “commendable,” and a score of 4.5-5’ is “distinguished.” Def. Ex. E, The job performance scores are then weighted as 60% of the total score, and the behavioral score is weighted as 40% of the total score. Id.
• Defendant uses 'the evaluations to assess strengths, weaknesses, and areas for improvement; the evaluations are not used to determine salaries or raises.
• Defendant received a total score 6f 3.5 on his first performance evaluation in August 2002. PÍ. Ex. F. The [983]*983record does not disclose his behavioral score on this evaluation.
• Plaintiff received a total score of 4.219 on his April 2003 performance evaluation. Def. Ex. E. Plaintiffs scores on his job performance categories ranged from 3.5 to 4.7, and his behavioral score was a 4.5. Id.
• Plaintiff received a total score of 3.514 on his April 2004 performance evaluation. Def. Ex. F.

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251 F. Supp. 3d 978, 2017 U.S. Dist. LEXIS 179715, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sadeghi-v-inova-health-system-vaed-2017.