PAUL v. UPMC HEALTH SYSTEM

PAUL v. UPMC HEALTH SYSTEM

Case Number:	2:2006cv01565
Filed:	November 22, 2006
Court:	US District Court for the Western District of Pennsylvania
Office:	Pittsburgh Office
Presiding Judge:	Joy Flowers Conti
Nature of Suit:	Labor: Fair Standards
Cause of Action:	29 U.S.C. § 2601 Family Medical Leave Act 1993 (FMLA)
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
March 10, 2009	Filing 29 MEMORANDUM OPINION granting 15 Defendant's Motion for Summary Judgment. As set forth more fully within, based upon the undisputed evidence of record, viewing all disputed facts in favor of plaintiff, and drawing all reasonable inferences in f avor of plaintiff, the court concludes that a reasonable jury could not render a verdict in favor of plaintiff with respect to her claims under the FLSA, PMWA, FMLA, or WPA. With respect to the overtime claims, there is no genuine issue of material fact about whether plaintiff qualifies under the administrative exemption. Also, there is no genuine issue of material fact with respect to plaintiff's claim that defendant failed to maintain records in compliance with the FLSA. With respect t o plaintiff's retaliation claim, plaintiff presented insufficient evidence to establish pretext to overcome defendants legitimate, non-discriminatory reasons for its adverse employment action. Plaintiff stipulates to the dismissal of her WPA claim. Therefore, summary judgment must be granted in favor of defendant with respect to all plaintiff's claims. Signed by Judge Joy Flowers Conti on 3/10/09. (cal )

Date Filed

Document Text

March 10, 2009

Filing 29 MEMORANDUM OPINION granting 15 Defendant's Motion for Summary Judgment. As set forth more fully within, based upon the undisputed evidence of record, viewing all disputed facts in favor of plaintiff, and drawing all reasonable inferences in f avor of plaintiff, the court concludes that a reasonable jury could not render a verdict in favor of plaintiff with respect to her claims under the FLSA, PMWA, FMLA, or WPA. With respect to the overtime claims, there is no genuine issue of material fact about whether plaintiff qualifies under the administrative exemption. Also, there is no genuine issue of material fact with respect to plaintiff's claim that defendant failed to maintain records in compliance with the FLSA. With respect t o plaintiff's retaliation claim, plaintiff presented insufficient evidence to establish pretext to overcome defendants legitimate, non-discriminatory reasons for its adverse employment action. Plaintiff stipulates to the dismissal of her WPA claim. Therefore, summary judgment must be granted in favor of defendant with respect to all plaintiff's claims. Signed by Judge Joy Flowers Conti on 3/10/09. (cal )

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