Garcia-Jordan v. MC Donald et alMOTION for Summary JudgmentD.P.R.May 3, 20171 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO DR. HANS GARCIA-JORDAN Plaintiff v. DAVID SHULKIN1, SECRETARY OF THE VETERANS AFFAIRS, VACHS, CARIBBEAN HOSPITAL SYSTEM (VACHS), U.S. GOVERNMENT, AND JOHN DOE Defendants CIVIL NO.: 15-1094 (JAG) MOTION FOR SUMMARY JUDGMENT TO THE HONORABLE COURT: COMES NOW the Defendant, David Shulkin, Secretary of Veterans Affairs, represented by the undersigned attorneys and very respectfully submits his Motion for Summary Judgement: 1. On April 18, 2017 Plaintiff, Dr. Hans García-Jordan (hereinafter referred to as the “Plaintiff”), filed an amended complaint against the Secretary of Veterans Affairs. 2. Plaintiff’s complaint alleges a cause of action under the Age Discrimination in Employment Act (hereinafter referred to as “ADEA”) and an ADEA derived retaliation claim for an alleged failure to hire. 3. Plaintiff’s application was not considered because Plaintiff was not an eligible candidate for the vacancy. In order for Plaintiff to be an eligible candidate, Plaintiff had to be a permanent Dental Service employee of the Veterans Administration Caribbean Healthcare System. 1 David Shulkin is now the Secretary of Veterans Affairs. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Robert A. McDonald should be substituted for the current Secretary of Veterans Affairs, David Shulkin, as the proper party defendant in this suit. Case 3:15-cv-01094-JAG-BJM Document 39 Filed 05/03/17 Page 1 of 2 2 At the time of submitting the application, Plaintiff was an employee of the Jack Montgomery Veterans Administration Medical Center in Tulsa, Oklahoma. 4. As with Plaintiff’s claim under ADEA, his ADEA derived retaliation claim requires that he show that unlawful discrimination was the but-for cause of his non selection in order to prevail. As discussed in our Memorandum of Law, Defendant has articulated a sufficient non- discriminatory reason for Plaintiff’s non-selection. WHEREFORE, the Defendant respectfully requests from this Court that it grant this Motion for Summary Judgment and dismiss Plaintiff’s Amended Complaint in its entirety. CERTIFICATE OF SERVICE I hereby certify that on this date, I electronically filed the foregoing document with the Clerk of the Court using the CM/ECF system, which will send notification of such filing to all counsel of record. RESPECTFULLY SUBMITTED. In San Juan, Puerto Rico, this 3rd day of May 2017. Rosa Emilia Rodríguez-Velez United States Attorney s/ David O. Martorani-Dale David O. Martorani-Dale Assistant United States Attorney USDC-PR No.: 226004 Torre Chardon, Suite 1201 350 Chardon Street San Juan, PR 00918 Telephone: 787-766-5656 Fax: 787-766-6219 david.o.martorani@usdoj.gov Case 3:15-cv-01094-JAG-BJM Document 39 Filed 05/03/17 Page 2 of 2
