Citations
- 929 F. Supp. 1489
Full opinion text
ORDER
CARNES, District Judge.
This case is presently before the Court on defendant’s Motion for Summary Judgment [27], plaintiffs Motion to Strike [28], defendant’s Motion to Strike [36], and plaintiffs Motion to File Supplemental Brief [37]. The Court has reviewed the record and the arguments of the parties and, for the reasons set out below, concludes that defendant’s Motion for Summary Judgment should be granted, plaintiffs Motion to Strike should be denied, defendant’s Motion to Strike should be denied and plaintiffs Motion to File Supplemental Brief should be denied.
BACKGROUND
Plaintiff alleges employment discrimination under the Americans with Disabilities Act (hereinafter “ADA”), 42 U.S.C. §§ 12101-12213. The facts of this case are fairly straightforward. Plaintiff began working for defendant in June of 1983 in a warehouse position. Plaintiff was later promoted to the position of Driver/Salesman. Driver/Salesmen operate large delivery trucks, driving from one account to another throughout the day, stopping only to take orders and to unload cases of beer. Driver/Salesmen typically deliver approximately 750 cases of beer per day, lifting several cases (each weighing roughly 20 pounds) at a time. (Affidavit of Stephen A. Craine (hereinafter “Craine Aff.’) at4)
In September of 1991, plaintiff injured his back and was restricted by his doctor’s orders to less strenuous work. Defendant apparently accommodated plaintiffs physical restrictions, offering him modified or light duty work, such as working in the warehouse, delivering mail, and making special deliveries, until his back condition improved. Plaintiffs back trouble did not improve, however, and he eventually took short term disability leave during March of 1992.
In March of 1992, plaintiff was pulled over by the Snellville, Georgia police department. He was cited for, inter alia, driving under the influence of alcohol (hereinafter “DUI”). Plaintiff appeared in court on June 3, 1992 and pled nolo contendere to the DUI charge and paid a fine.
Defendant maintains a comprehensive Driver Safety Program to ensure that its drivers safely operate their vehicles. Pursuant to this program, defendant monitors all accidents and moving violations of its drivers. When a driver is found guilty or pleads nolo contendere to driving under the influence of alcohol, his Company driving privileges are suspended for three years. Defendant will then demote the suspended driver to a non-driving position, such as that of Route Assistant. Route Assistants accompany the Driver/Salesman and perform the same duties with the exception of sales activities.
When defendant learned of the outcome of plaintiffs DUI charge, Branch General Manager Stephen Craine and Sales Manager John Brannen met with plaintiff. During their visit, Craine and Brannen informed plaintiff of his demotion to Route Assistant. (See MeCollough Depo. at 63.)
On April 6, 1992, plaintiff had surgery on his back. On November 10, 1992, plaintiffs doctor, Dr. Disch, released plaintiff to return to work with a permanent thirty (30) pound lifting restriction. Plaintiff has maintained at all times relevant to this action that he is unable to stoop, bend, stand or sit for more than 30 to 45 minutes and is very limited in his ability to lift and pull heavy weights. (See Affidavit of Charles A. MeCollough (hereinafter “MeCollough Aff.”) [30] at ¶ 6.)
Plaintiff returned to work on November 11, 1992. When defendant learned of plaintiffs permanent physical restrictions, however, defendant discharged him that day. Plaintiff asked to be reassigned to another vacant position or light-duty. Defendant refused his request.
Defendant states that plaintiff was fired because he could no longer perform the essential functions of the Route Assistant position to which he had been demoted. Plaintiff claims that defendant fired him, in violation of the Americans with Disabilities Act, because he is disabled.
DISCUSSION
1. Summary Judgment Standard
Summary judgment is not properly viewed as a device that the trial court may, in its discretion, implement in lieu of a trial on the merits. Instead, Rule 56 of the Federal Rules of Civil Procedure mandates the entry of summary judgment against a party who fails to make a showing sufficient to establish the existence of every element essential to that party’s case on which that party will bear the burden of proof at trial. Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 2552, 91 L.Ed.2d 265 (1986). In such a situation, there can be no genuine issue as to any material fact, as a complete failure of proof concerning an essential element of the nonmoving party’s case necessarily renders all other facts immaterial. Id. at 322-23,106 S.Ct. at 2552-53.
The movant bears the initial responsibility of asserting the basis for his motion. Id. at 323, 106 S.Ct. at 2552-53; Apcoa, Inc. v. Fidelity Nat’l Bank, 906 F.2d 610, 611 (11th Cir.1990). However, the movant is not required to negate his opponent’s claim. The movant may discharge his burden by merely “ ‘showing’ — that is, pointing out to the district court — that there is an absence of evidence to support the nonmoving party’s case.” Celotex, 477 U.S. at 325, 106 S.Ct. at 2553-54. After the movant has carried his burden, the nonmoving party is then required to “go beyond the pleadings” and present competent evidence designating “ ‘specific facts showing that there is a genuine issue for trial.’” Id. at 324, 106 S.Ct. at 2553 (quoting Fed.R.Civ.P. 56(e)). While the court is to view all evidence and factual inferences in a light most favorable to the nonmoving party, Samples v. City of Atlanta, 846 F.2d 1328, 1330 (11th Cir.1988), “the mere existence of some alleged factual dispute between the parties will not defeat an otherwise properly supported motion for summary judgment; the requirement is that there be no genuine issue of material fact.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247-48, 106 S.Ct. 2505, 2509-10, 91 L.Ed.2d 202 (1986).
A fact is material when it is identified as such by the controlling substantive law. Id. at 248, 106 S.Ct. at 2510. An issue is genuine when the evidence is such that a reasonable jury could return a verdict for the nonmovant. Id. at 249-50,106 S.Ct. at 2510-11. The nonmovant “must do more than simply show that there is some metaphysical doubt as to the material facts.... Where the record taken as a whole could not lead a rational trier of fact to find for the nonmoving party, there is no ‘genuine issue for trial.’ ” Matsushita Electric Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586-87, 106 S.Ct. 1348, 1356, 89 L.Ed.2d 538 (1986) (citations omitted). An issue is not genuine if it is unsupported by evidence, or if it is created by evidence that is “merely color-able” or is “not significantly probative.” Anderson, 477 U.S. at 249-50, 106 S.Ct. at 2511. Thus, to survive a motion for summary judgment, the nonmoving party must come forward with specific evidence of every element material to that party’s case so as to create a genuine issue for trial.
II. Defendant’s Motion to Strike and Plaintiff’s Motion to File Supplemental Brief
Local Rule 220—1(b) permits a plaintiff to file a response to a defendant’s Motion for Summary Judgment. The same Rule, however, forbids the filing of additional briefs, “except upon order of the Court.” LR 220—1(b)(2), N.D. Ga.
After defendant’s reply had been filed with the Court, plaintiff submitted another responsive brief. In light of Local Rule 220-l(b), defendant filed a Motion to Strike Plaintiffs Response in Opposition to Motion for Summary Judgment [36]. “A motion to strike[, however,] is only appropriately addressed toward matters contained in the pleadings, Fed.R.Civ.P. 12(f).” Newsome v. Webster, 843 F.Supp. 1460, 1464 (S.D.Ga.1994) (quoting Smith v. Southeastern Stages, Inc., 479 F.Supp. 593, 594 (N.D.Ga.1977)). Fed.R,Civ.P. 7(a) identifies complaints, answers, and replies to counterclaims as “pleadings.” Notwithstanding the fact that defendant’s motion is directed toward a supplemental brief rather than a pleading, the Court notes that defendant’s objection has merit.
By submitting an unauthorized response brief, plaintiff has demonstrated a disregard for the procedures to be followed in this Court. See Pl.Resp. in Opp. to Def.Reply in Support of Mot. for Sum.J. [35].) Having failed to first request leave to file such document, the Court declines to consider plaintiffs second response.
The Court is unmoved by plaintiffs subsequent Motion to File Supplemental Brief and Response in Opposition to Defendant’s Motion to Strike Plaintiffs Response in Opposition to Summary Judgment [37], Specifically, the Court finds that plaintiffs explanation fails to grasp the importance of following the Court’s written procedures. Plaintiff argues that he “was compelled to file his brief in response to Defendant’s Reply Brief so that the Court would not be misled by Defendant’s unsupported statements and opinions or by Defendant’s corruption of the evidence.” (Pl.Mot. to File Supplemental Brief [37] at 2.) Such an argument fails to address why plaintiff neglected to seek leave of Court as required by the Local Rules. Finding no justification for plaintiffs disregard of Court procedure, the Court denies plaintiffs Motion. The Court denies defendant’s Motion to Strike as moot.
III. Plaintiff’s Claims Under the ADA
In order to establish a prima facie case of discrimination under the Americans with Disabilities Act (hereinafter “ADA”) on a employment termination claim, an individual must show that: (1) he or she is disabled as it is defined under the ADA; (2) he or she is qualified to perform the essential functions of the job, with or without reasonable accommodation; and (3) because of such disability, the defendant employer terminated his or her employment. Haysman v. Food Lion, Inc., 893 F.Supp. 1092, 1099 (S.D.Ga.1995) (citing White v. York Int’l Corp., 45 F.3d 357, 360-61 (10th Cir.1995). Defendant avers that: (1) plaintiff is not disabled for purposes of the ADA; (2) plaintiff could not perform the essential functions of the Route Assistant position; and (3) plaintiff was not terminated because of a disability, but because of an impairment which prevented him from lifting over 30 pounds on a regular basis.
A. Is Plaintiff “Disabled” under the ADA?
1. Does Plaintiff Have a Physical Impairment that Substantially Limits a Major Life Activity?
Under the terms of the ADA, one is considered to have a disability if he or she: (1) has a physical or mental impairment which substantially limits one or more of that person’s major life activities, (2) has a record of such impairment, or (3) is regarded as having such an impairment. 42 U.S.C. § 12102(2). While the ADA does not define the key terms, guidance is found in the definitions listed in the regulations for the Rehabilitation Act, which have been adopted by the Equal Employment Opportunity Commission with regard to the ADA. The regulations define physical or mental impairment as including: (1) any physiological disorder or condition affecting one or more of several body systems, or (2) any mental or psychological disorder. 29 C.F.R. Pt. 1630, App. § 1630.2(h). An impairment rises to the level of a disability when it substantially limits one or more of the individual’s major life activities. 29 C.F.R. Pt. 1630, App. § 1630.2