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Equal Employment Opportunity Commission v. Product Fabricators, Inc.

MEMORANDUM OF LAW & ORDER. IT IS HEREBY ORDERED:1. Plaintiff EEOC's Motion for Summary Judgment on Successor Liability 86 is DENIED AS MOOT. 2. Plaintiff-Intervenor Adam Breauxs Motion for Summary Judgment on Successor Liability 91 is DENIED AS MOOT. 3. Defendants Product Fabricators, Inc. and M&M Manufacturing, Inc.'s Motion for Summary Judgment 93 is GRANTED as follows: a. The EEOC's Complaint against Defendants is DISMISSED WITH PREJUDICE in its entirety; b. The following count in Adam Breaux's Complaint is DISMISSED WITH PREJUDICE: Count One, Disability Discrimination under the Americans with Disabilities Act; and c. The following counts in Adam Breaux's Complaint are DISMISSED WITHOUT PREJUDICE FOR LACK OF SUBJECT MATTER JURISDICTION: Count Two, Retaliatory Discharge

24 Cited authorities

  1. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 236,388 times   38 Legal Analyses
    Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"

  2. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 216,459 times   40 Legal Analyses
    Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"

  3. Carnegie-Mellon Univ. v. Cohill

    484 U.S. 343 (1988)   Cited 11,152 times   1 Legal Analyses
    Holding district courts have discretion whether to dismiss state law claims after all the federal claims are dismissed and explaining the factors courts should consider when doing so

  4. Fenney v. Dakota, Minn. & E. R.R. Co.

    327 F.3d 707 (8th Cir. 2003)   Cited 362 times
    Holding that a locomotive engineer who had lost his thumb and finger and injured his arm could make it past summary judgment on the disability question based on his limited ability to take care of himself

  5. Fjellestad v. Pizza Hut of America, Inc.

    188 F.3d 944 (8th Cir. 1999)   Cited 332 times   1 Legal Analyses
    Holding an employer is not obligated to create a new position, or to transform a temporary position into a permanent position as an accommodation, or to eliminate or reallocate the essential functions of a job to accommodate its disabled employees

  6. Amini v. City of Minneapolis

    643 F.3d 1068 (8th Cir. 2011)   Cited 203 times
    Noting that although substantial changes in an employer's proffered reason may show pretext, and employer can elaborate on its proffered reason

  7. Peebles v. Potter

    354 F.3d 761 (8th Cir. 2004)   Cited 243 times
    Holding McDonnell Douglas framework does not apply to failure to accommodate claims under the Rehabilitation Act

  8. Stewart v. Indep. Sch. Dist

    481 F.3d 1034 (8th Cir. 2007)   Cited 191 times
    Holding that after a showing of a prima facie case the burden then shifts to the defendant to show a "non retaliatory reason for the adverse employment action." If the defendant can show a legitimate, non-retaliatory reason for its actions, the burden returns to the plaintiff who "is 'then obliged to present evidence that creates a question of fact as to whether [defendant's] reason was pretextual and creates a reasonable inference that [defendant] acted in retaliation.'"

  9. Johnson v. City of Shorewood, Minnesota

    360 F.3d 810 (8th Cir. 2004)   Cited 186 times
    Holding that where all federal claims are eliminated before trial, the balance of factors to be considered under 28 U.S.C. § 1367(c) for the excersize of supplemental jurisdiction over remaining state law claims point toward declining to exercise such jurisdiction

  10. Kratzer v. Rockwell Collins, Inc.

    398 F.3d 1040 (8th Cir. 2005)   Cited 176 times
    Finding that an employee failed to request an accommodation when she did not obtain an updated physical exam

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 328,985 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  12. Section 1367 - Supplemental jurisdiction

    28 U.S.C. § 1367   Cited 61,875 times   78 Legal Analyses
    Holding that in civil actions proceeding in federal court based solely on diversity jurisdiction under 28 U.S.C. § 1332, the district court "shall not have supplemental jurisdiction" over "claims by plaintiffs against persons made parties under Rule . . . 24" or "over claims by persons . . seeking to intervene as plaintiffs under Rule 24," if "exercising supplemental jurisdiction over such claims would be inconsistent with the jurisdictional requirements of section 1332"

  13. Section 12112 - Discrimination

    42 U.S.C. § 12112   Cited 13,523 times   159 Legal Analyses
    Recognizing failure to accommodate as form of discrimination

  14. Section 12102 - Definition of disability

    42 U.S.C. § 12102   Cited 10,803 times   40 Legal Analyses
    Recognizing ADA claim where plaintiff is "regarded as" disabled

  15. Section 12111 - Definitions

    42 U.S.C. § 12111   Cited 8,032 times   60 Legal Analyses
    Adopting the definition of "person" in 42 U.S.C. § 2000e for purposes of Title I of the ADA

  16. Section 12203 - Prohibition against retaliation and coercion

    42 U.S.C. § 12203   Cited 3,383 times   12 Legal Analyses
    Providing that "No person shall discriminate against any individual because . . . such individual made a charge . . . under [the ADA]" and making it unlawful for an employer to retaliate against an employee because the employee requested an accommodation

  17. Section 176.82 - ACTION FOR CIVIL DAMAGES FOR OBSTRUCTING EMPLOYEE SEEKING BENEFITS

    Minn. Stat. § 176.82   Cited 105 times   4 Legal Analyses
    Authorizing punitive damages for workers' compensation retaliatory discharge claims