Testa v. CareFusion

305 F. Supp. 3d 423
CourtDistrict Court, E.D. New York
DecidedApril 3, 2018
DocketNo. 14–CV–05202 (JFB) (AKT)
StatusPublished
Cited by7 cases

This text of 305 F. Supp. 3d 423 (Testa v. CareFusion) is published on Counsel Stack Legal Research, covering District Court, E.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Testa v. CareFusion, 305 F. Supp. 3d 423 (E.D.N.Y. 2018).

Opinion

Joseph F. Bianco, District Judge:

*426Stephen Testa ("Testa" or "plaintiff"), proceeding pro se , brings this action against CareFusion ("CareFusion" or "defendant") for violations of the Age Discrimination in Employment Act of 1967 ("ADEA"), 29 U.S.C. §§ 621 - 34 and New York Labor Law ("Labor Law") § 191(3). Presently before the Court are (1) defendant's motion for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure and (2) defendant's motion to preclude evidence submitted in opposition to summary judgment which plaintiff failed to produce in discovery. For the reasons set forth below, the Court grants defendant's motion for summary judgment with respect to ADEA claim, and declines to exercise supplemental jurisdiction over the New York Labor Law claim. Because the Court grants defendant's motion for summary judgment as to the federal claim and declines to exercise supplemental jurisdiction over the state law claim, defendant's motion to preclude evidence is denied as moot.

I. BACKGROUND

A. Facts

The Court takes the facts set forth below from the parties' depositions, affidavits, and exhibits, and from the parties' respective Rule 56.1 Statements of Facts. Upon consideration of a motion for summary judgment, the Court shall construe the facts in the light most favorable to the non-moving party. See Capobianco v. City of New York , 422 F.3d 47, 50 n.1 (2d Cir. 2005). Unless otherwise noted, where a party's 56.1 Statement is cited, that fact is undisputed or the opposing party has pointed to no evidence in the record to contradict it.1

1. Plaintiff's Hiring as Regional Sales Manager of Carefusion's Northeast Region

From 2006 to 2009, plaintiff worked as a Regional Sales Manager at Cardinal Health, a predecessor company of CareFusion. (Def.'s 56.1 ¶ 10.)2 In or about November 2009, plaintiff was laid off from his position at Cardinal Health. (Id. ¶ 13.) In January 2013, while employed by Teleflex, a medical device company, Matthew Stuckert ("Stuckert"), Area Vice President of Sales at CareFusion, reached out to plaintiff regarding an available position as a Regional Sales Manager at CareFusion. (Id. ¶¶ 14, 17.) Plaintiff interviewed with Stuckert, his direct manager, Scott Boucher ("Boucher"), and Boucher's manager, James Paloyan. (Id. ¶ 19.) During his interview, plaintiff was informed that the position would be similar to his prior position with Cardinal Health: plaintiff would oversee a team of sales representatives selling vascular and surgical products. (Id. ¶ 20.) Plaintiff accepted an offer of employment as Regional Sales Manager-Surgical/Vascular and commenced employment on or about February 11, 2013. (Id. ¶¶ 24, 26.) Plaintiff was fifty-two years of age at the time he was hired, and his base salary was $120,000. (Id. ¶¶ 25-26.) Throughout his employment at CareFusion, plaintiff reported directly to Stuckert. (Id. ¶ 26.) According to plaintiff's deposition testimony, he believed that Stuckert was in his early forties. (See Aranyos Declaration ("Aranyos Decl.") Ex. C, Deposition of Stephen Testa ("Testa Dep.") at 255.)

*4272. Plaintiff's Job Performance and Termination

The articulated basis for plaintiff's termination was his alleged poor job performance over the course of his time at CareFusion. The following evidence is contained in the record concerning plaintiff's performance.

In July 2013, CareFusion's surgical and vascular sales teams were restructured into two separate groups. (Def.'s 56.1 ¶ 37.) Plaintiff assumed the responsibilities of Vascular Sales, Northeast Region. His duties and responsibilities comported with his job expectations, but now he was only responsible for vascular sales. (Id. ¶¶ 39-41; Testa Dep. at 112.) Plaintiff claims that his job became more analytical after the restructuring, and he concedes that he was not good at that part of the job. (Testa Dep. at 126-28, 231-32.) The restructuring affected every sales employee in Surgical and Vascular at CareFusion, not just Testa. (Def.'s 56.1 ¶ 38.) As a result of the restructuring, Stuckert's supervisor became Ronald Vavala ("Vavala"). (Id. ) Vavala was forty-nine years of age. (Id. ¶ 86.)

As Regional Sales Manager, plaintiff had primary responsibility for a sales team to develop and execute a sales strategy and to reach or exceed target sales goals. (Id. ¶ 42.) To that end, plaintiff needed to monitor each sales representative to ensure that he or she was meeting quota and that each sales representative's issues were addressed efficiently through regularly scheduled sales calls. (Id. ) Plaintiff was required to provide Stuckert, his supervisor, with notes from sales calls with his representatives.3 (Id. ¶ 61.) His position also required that he review and update CareFusion's sales tracking system and ensure that his team provided complete updates, and that he go into the field to assist sales representatives with client issues.4 (Id. ¶ 43.) Plaintiff was also responsible for contract renewals and contract compliance as it related to Premier contracts.5 (Id. ¶ 54.) This involved reviewing contracts for compliance, proactively contacting customers, advising customers of their deficiencies, and resolving issues. (Id. ¶ 57.)

On or about August 26, 2013, Stuckert provided plaintiff with a written and verbal performance evaluation. (Id. ¶¶ 58, 63.) Though plaintiff received a score of "3-On Target" on a scale from 1 through 5, he was counseled by Stuckert for his failure to keep him apprised of the status of his territory. (Id. ¶¶ 58-59.) Stuckert also expressed his concern about how plaintiff was using and managing his time. (Id. ¶ 64.) Plaintiff failed to provide Stuckert with notes from sales calls with his sales representatives, as he admittedly failed to hold regular sales calls with his team. (Id. ¶¶ 61, 64.) To assist plaintiff in meeting his job expectations, Stuckert instructed plaintiff to utilize Outlook for calendaring his sales calls. (Id. ¶ 65.)

At plaintiff's deposition, he asserted that in August 2013, around the time of his evaluation, Stuckert stated, "you know, the job is changing" and "a person from your era wouldn't have the type of analytical skills that we require." (Testa Dep. at 251-52.)

*428Plaintiff testified that he understood this comment to relate to his lack of computer-based skills. (Id. at 253.) He admitted that he knew he was not good at that part of his job, and had expressed to Stuckert that he wanted to become better at his job and that he was willing to learn. (Id.

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Bluebook (online)
305 F. Supp. 3d 423, Counsel Stack Legal Research, https://law.counselstack.com/opinion/testa-v-carefusion-nyed-2018.