Smith v. Miami-Dade County

21 F. Supp. 3d 1292, 2014 U.S. Dist. LEXIS 181525, 2014 WL 2139249
District Court, S.D. Florida·Decided May 9, 2014·No. Case No. 13-cv-21986-UU·Published

Opinion

ORDER

URSULA UNGARO, District Judge.

THIS CAUSE comes before the Court upon Defendant’s Motion for Summary Judgment, (D.E. 88), and Plaintiffs Motion for Partial Summary Judgment, (D.E. 92).

THE COURT has considered the motions and the pertinent portions of the record, and is otherwise fully advised in the premises. The motions have been fully briefed, and are ripe for determination.

BACKGROUND

The following facts are not in dispute unless otherwise indicated:

The Miami-Dade Transit Department (“MDT”) hired Plaintiff as a part-time bus operator on December 5, 2005. Parties’ Statement of Facts (D.E. 89 and 115) at ¶ 15. In 2006, Plaintiff reported late to work three times, and called in sick eight times in a period of fifteen days. Id. at ¶ 18. Plaintiff then went on medical leave in January of 2007 due to a work-related accident, and remained on leave until November 20, 2007, when she was fired due to her long-term absenteeism and tardiness. Id. at ¶¶ 17, 25, 31.

On November 17, 2008, Plaintiff brought a workers’ compensation claim against MDT. Id. at ¶ 32. That claim was settled on September 23, 2009. Id. at ¶ 35.' The settlement included an anti-suit provision prohibiting Plaintiff from bring suit on any issue arising or allegedly arising out of the accident. Plaintiffs Release of Claims (D.E. 22-1) at ¶ 22.

Almost a year later, on August 23, 2010, Plaintiff reapplied for her former position [1294] as a part-time bus driver -with MDT. Id. at ¶ 52. MDT rejected Plaintiffs application due to her previous long-term absenteeism and tardiness, and declined Plaintiffs subsequent November and December 2011 requests for reconsideration of her application. Id. at ¶¶ 61, 63, 80.

On June 3, 2013, Plaintiff filed this action, alleging that MDT’s failure to rehire her due to discrimination in violation of the Americans with Disabilities Act (“ADA”) and the Florida Civil Rights Act (“FCRA”). D.E. 1. MDT then filed a counter-claim against Plaintiff, alleging that her filing suit was a breach of the anti-suit provision of the settlement agreement. D.E. 22.

On October 11, 2013, Plaintiff amended her complaint, clarifying that her ADA and FCRA claims were predicated on theories of both disparate treatment and disparate impact. D.E. 28. She also added to the complaint a retaliation claim, alleging that MDT’s counter-claim constituted retaliation in violation of the ADA. Id. The Court subsequently dismissed Plaintiffs disparate treatment and retaliation claims without prejudice for failure to state a claim. D.E. 72. MDT now moves for summary judgment seeking dismissal of Plaintiffs disparate impact claims and judgment in its favor on its breach of contract claim. Plaintiff cross-moves for summary judgment on MDT’s breach of contract claim.1

LEGAL STANDARD

Summary judgment is authorized only when the moving party meets its burden of demonstrating that “the pleadings, depositions, answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no genuine issue, as to any material fact and that the moving party is entitled to a judgment as a matter of law.” Fed.R.Civ.P. 56. The Supreme Court explained in Adickes v. S.H. Kress & Co., 398 U.S. 144, 157, 90 S.Ct. 1598, 26 L.Ed.2d 142 (1970), that when assessing whether the movant has met this burden, the court should view the evidence and all factual inferences in the light most favorable to the party opposing the motion.

The party opposing the motion may not simply rest upon mere allegations or denials of the pleadings; after the moving party has met its burden of coming forward with proof of the absence of any genuine issue of material fact, the nonmov-ing party must make a sufficient showing to establish the existence of an essential element to that party’s case, and on which that party will bear the burden of proof at trial. Celotex Corp. v. Catrett, 477 U.S. 317, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986); Poole v. Country Club of Columbus, Inc., 129 F.3d 551, 553 (11th Cir.1997); Barfield v. Brierton, 883 F.2d 923, 933 (11th Cir.1989).

If the record presents factual issues, the court must not decide them; it must deny the motion and proceed to trial. Envtl. Def. Fund v. Marsh, 651 F.2d 983, 991 (5th Cir.1981). Summary judgment may be inappropriate even where the parties agree on the basic facts, but disagree about the inferences that should be drawn from these facts. Lighting Fixture & Elec. Supply Co. v. Cont'l Ins. Co., 420 F.2d 1211, 1213 (5th Cir.1969). If reasonable minds might differ on the inferences arising from undisputed facts then the court should deny summary judgment. Impossible Elec. Techniques, Inc. v. Wackenhut Protective Sys., Inc., 669 F.2d 1026, [1295]*12951031 (5th Cir.1982); see Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986) (“[T]he dispute about a material fact is ‘genuine,’ ... if the evidence is such that a reasonable jury could return a verdict for the nonmoving party”).

Moreover, the party opposing a motion for summary judgment need not respond to it with evidence unless and until the movant has properly supported the motion with sufficient evidence. Adickes, 398 U.S. at 160, 90 S.Ct. 1598. The moving party must demonstrate that the facts underlying all the relevant legal questions raised by the pleadings or otherwise are not in dispute, or else summary judgment will be denied notwithstanding that the non-moving party has introduced no evidence whatsoever. Brunswick Corp. v. Vineberg, 370 F.2d 605, 611-12 (5th Cir.1967). The Court must resolve all ambiguities and draw all justifiable inferences in favor of the nonmoving party. Liberty Lobby, Inc., 477 U.S. at 255, 106 S.Ct. 2505.

ANALYSIS

Disparate Impact Claims

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Smith v. Miami-Dade County, 21 F. Supp. 3d 1292, 2014 U.S. Dist. LEXIS 181525, 2014 WL 2139249 (S.D. Fla. 2014).

21 F. Supp. 3d 1292 (Smith v. Miami-Dade County) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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