Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

BALTUSKONIS v. U.S. AIRWAYS

August 17, 1999

KEVIN BALTUSKONIS, PLAINTIFF,
v.
US AIRWAYS, INC., DEFENDANT.



The opinion of the court was delivered by: Joyner, District Judge.

MEMORANDUM AND ORDER

This is a civil action brought by Plaintiff, Kevin Baltuskonis ("Baltuskonis") against Defendant, U.S. Airways, Inc., ("US Airways") alleging U.S. Airways terminated his employment in violation of the Family and Medical Leave Act of 1993, 29 U.S.C.A. § 2601 et seq. (1999) ("FMLA"). Presently before the court is U.S. Airways' Motion for Summary Judgment pursuant to Federal Rule 56 of Civil Procedure. For the following reasons, U.S. Airways' motion shall be granted.

Background

The note and Griffin's Record of Attendance Discussion Form were forwarded to Administrative Assistant Judy Combs ("Combs"). It became evident to Combs that portions of the doctor's note were altered. The reference to "Kevin and his" and the return date "3/17/96" on the doctor's note were in different handwriting and ink than the writing of the rest of the note. Combs contacted the doctor's office to discover that the doctor examined and treated Baltuskonis' daughter and not Baltuskonis. A nurse from the doctor's office told Combs that she did not write the words "Kevin and his" and did not fill out the return date to work as "3/17/96."

Production Foreman Alex Deputron ("Deputron") met with Baltuskonis to question Baltuskonis about his absence and the note. Baltuskonis only stated that he had not altered the doctor's note. Baltuskonis' wife actually altered the note. On March 21, 1996, Deputron terminated Baltuskonis for misrepresentation to obtain employee benefits in violation of U.S. Airways' Posted Rule of Conduct No. 32. On March 11, 1998, Baltuskonis filed suit. US Airways now moves for summary judgment.

Discussion

I. Summary Judgment Standard

The standards applicable to summary judgment motions are well established. Under Federal Rule of Civil Procedure 56(c), a court may grant a motion for summary judgment if all of the information before the court shows there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 2552, 91 L.Ed.2d 265 (1986). The moving party does not have to disprove the opposing party's claim, but does have the burden to show the absence of any genuine issues of material fact based on relevant portions of the pleadings, depositions, answers to interrogatories, and admissions in the file. Celotex, 477 U.S. at 322-23, 106 S.Ct. at 2552-53.

Once the moving party meets this burden, the burden shifts to the non-moving party who must set forth affirmative evidence and specific facts showing there is a genuine issue in dispute. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249, 106 S.Ct. 2505, 2511-12, 91 L.Ed.2d 202 (1986), Celotex, 477 U.S. at 323, 106 S.Ct. at 2552. The non-moving party must go beyond the pleadings, its own affidavits, and depositions to show that there is a genuine issue for trial. Celotex, 477 U.S. at 323, 106 S.Ct. at 2552. In fact, the non-moving party must furnish sufficient evidence favoring the non-moving party that would enable a jury to return a verdict in its favor. Anderson, 477 U.S. at 249, 106 S.Ct. at 2511-12, Celotex, 477 U.S. at 324, 106 S.Ct. at 2553. An action is void of a material issue for trial where the evidence, taken as a whole, could not lead a jury to find for the non-moving party. Matsushita Elec. Indus. Corp. v. Zenith Radio Corp., 475 U.S. 574, 586, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986). We remain mindful, however, that in ruling on a motion for summary judgment, we must review the facts in the light most favorable to the plaintiff. Id.

II. FMLA

Baltuskonis brought suit under Section 105(a) of the FMLA, 29 U.S.C.A. § 2615(a). FMLA § 105(a) provides that:

(1) Exercise of rights

    It shall be unlawful for any employer to interfere
  with, restrain, or deny the exercise of or the
  attempt to exercise, any right ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.