JEFFERY A. DELAHUNT, Plaintiff,
CROP PRODUCTION SERVICES, INC., Defendant.
THOMAS M. COFFIN, Magistrate Judge.
This a disability discrimination action in which plaintiff asserts claims for violation of the Oregon Disability Act and the Oregon Family Leave Act. Plaintiff concedes the Oregon Family Leave Act claim should be dismissed. Plaintiff also brings a claim pursuant to Oregon common law for wrongful discharge.
Presently before the court are defendant's motion (#25) for summary judgment and plaintiffs motions (#33, #50) to strike. For the reasons stated below, all of plaintiffs claims fail and this action is dismissed.
Federal Rule of Civil Procedure 56 allows the granting of summary judgment:
if the pleadings, the discovery and disclosure materials on file, and any affidavits show that there is no genuine issue as to any material fact and that the movant is entitled to judgment as a matter of law.
Fed. R. Civ. P. 56(c). There must be no genuine issue of material fact. Anderson v. Liberty Lobby, Inc. , 477 U.S. 242, 247-48 (1986).
The movant has the initial burden of establishing that no genuine issue of material fact exists or that a material fact essential to the nonmovant's claim is missing. Celotex Corp. v. Catrett , 477 U.S. 317, 322-24 (1986). Once the movant has met its burden, the burden shifts to the nonmovant to produce specific evidence to establish a genuine issue of material fact or to establish the existence of all facts material to the claim. Id .; see also, Bhan v. NME Hosp., Inc. , 929 F.2d 1404, 1409 (9th Cir. 1991); Nissan Fire & Marine Ins. Co., Ltd., v. Fritz Cos., Inc. , 210 F.3d 1099, 1105 (9th Cir. 2000). In order to meet this burden, the nonmovant "may not rely merely on allegations or denials in its own pleading, " but must instead "set out specific facts showing a genuine issue of fact for trial." Fed.R.Civ.P. 56(e).
Material facts which preclude entry of summary judgment are those which, under applicable substantive law, may affect the outcome of the case. Anderson , 477 U.S. at 248. Factual disputes are genuine if they "properly can be resolved only by a finder of fact because they may reasonably be resolved in favor of either party." Id . On the other hand, if, after the court has drawn all reasonable inferences in favor of the nonmovant, "the evidence is merely colorable, or is not significantly probative, " summary judgment may be granted. Id.
Defendant is a federal motor carrier and, as such, is subject to both the Federal Motor Carrier Safety Regulations and the Oregon Department of Transportation regulations. Because defendant transports product which originates in another state, it is operating in interstate commerce and is a "motor carrier" subject to the Federal Motor Carrier Safety Regulations.
Defendant employs its DOT Delivery Drivers to transport product that originated in a state other than Oregon. All of defendant's DOT Delivery Drivers must possess a valid interstate commercial drivers license which necessarily includes a medical certification that the driver is physically able to operate commercial vehicles under Federal Motor Carrier Safety Regulations. Such a certification is only issued by a qualified medical examiner and there are no exceptions to this requirement.
Defendant hired plaintiff as a DOT Delivery Driver unaware of his epilepsy. Defendant became aware of plaintiff's epilepsy after he suffered seizures.
The Federal Motor Carrier Safety Regulations direct that, as a result of plaintiff's diagnosis of epilepsy, plaintiff could not be medically certified as physically qualified to perform commercial driving activities involving interstate commerce and ...