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Neal C. Felix v. Albert Einstein Healthcare Network

February 16, 2012

NEAL C. FELIX, PLAINTIFF ,
v.
ALBERT EINSTEIN HEALTHCARE NETWORK,
DEFENDANT .



The opinion of the court was delivered by: Gene E.K. Pratter, J.,

MEMORANDUM

I. INTRODUCTION

Pro se plaintiff Neal Felix filed this employment discrimination case under Title VII of the Civil Rights Act of 1964 ("Title VII") and the Age Discrimination in Employment Act ("ADEA") against Albert Einstein Healthcare Network ("AEHN") claiming that AEHN discriminated against him on the basis of his race, age and gender by failing to hire him for 14 of 15 positions to which he applied between June 2007 and February 2008.

AEHN filed a motion for summary judgment. Sensing that the end of the road is near, Mr. Felix has filed three related civil actions and a bevy of largely repetitive and, at times, incomprehensible motions. Most recently, Mr. Felix filed a motion for sanctions against AEHN and its counsel, alleging a conspiracy to commit perjury, suborn perjury, and commit a fraud on the Court. AEHN responded with a motion to strike Mr. Felix's motion for sanctions.

All three motions are now before the Court. For the reasons that follow, the Court will grant AEHN's motion for summary judgment, and deny both the motion for sanctions and the motion to strike.

II. FACTUAL AND PROCEDURAL BACKGROUND

A. Factual Background

Mr. Felix, a 48-year-old African-American man, *fn1 worked for the Albert Einstein Medical Center Critical Care Unit as an Emergency Medical Technician driver through the Unit's sub-contractor, Em-Star. His job responsibilities included transporting patients from the Germantown Hospital Emergency Department to Albert Einstein Medical Center, among other things. Between June 2007 and February 2008, Mr. Felix applied for a total of 15 higher-paying positions within AEHN.

On June 13, 2007, Mr. Felix applied for six positions at AEHN: two Emergency Department Technician positions, a Patient Care Associate position, a Nursing Assistant position, a Medical Clerk position, and a Patient Escort position. However, AEHN did not offer any of these positions -- or even offer an interview -- to Mr. Felix. Mr. Felix admits that he did not tell AEHN recruiters his age or race prior to his rejection for these positions. The two successful candidates for the Emergency Department Technician positions were Guerray Sleet, a 51-year-old African-American man, and Nicholas Kurczewski, a 40-year-old white man. The successful applicant for the Patient Care Associate position was Jennifer Moses, a 26-year-old African-American woman. For the Nursing Assistant position, AEHN hired Ashley Rivera, a 21-year-old Hispanic woman. For the Medical Clerk position, AEHN hired Victoria Pascarella, a 24-year-old white woman. Finally, for the Patient Escort position, AEHN hired Jean Pierre, a 31-year-old African-American man.

Between July 29, 2007 and September 6, 2007, Mr. Felix applied for five more positions with AEHN. On July 29, 2007, Mr. Felix applied for a Certified Nursing Assistant position at AEHN's Willow Terrace facility. Again, Mr. Felix was not offered an interview. The successful candidate was Natasha Gaines, a 27-year-old African-American woman. On August 24, 2007, Mr. Felix applied for three Patient Care Associate positions. Once more, Mr. Felix was not selected to interview for these positions. The successful candidates were Denise Spires, a 43-year-old African-American woman, Jean Williams, a 23-year-old African-American woman, and Marsha Hoyte, a 25-year-old African-American woman. Mr. Felix applied for a Certified Nursing Assistant position at the Willow Terrace facility on September 6, 2007. Mr. Felix again was not selected to interview, and instead AEHN offered the job to Desiree Palmer, a 41-year-old African-American woman.

At some point in time between July and September 2007, Mr. Felix testified that he had a telephone conversation with an AEHN recruiter, Ms. Kelly Hall, in which he complained that AEHN had hired two younger white individuals, Ms. Crystal Krzeminski and Mr. Dan Cohen, but had failed to hire him. Mr. Felix admits that he did not tell Ms. Hall or any other AEHN recruiters his age or race during this phone conversation or at any other time.

On September 17, 2007, Mr. Felix applied for another Certified Nursing Assistant position at the Willow Terrace facility. On this, his twelfth application, AEHN offered Mr. FeliX the job, and on October 1, 2007, Mr. Felix began working as a Certified Nursing Assistant at AEHN's Willow Terrace facility.

After being hired, Mr. Felix applied for three other jobs with AEHN in February 2008. On February 3, 2008, Mr. Felix applied for a Certified Nursing Assistant-Hospice position. *fn2

Although he was selected to interview for the job, AEHN offered the position to Patricia Lee, a 46-year-old African-American woman. On February 14, 2008, Mr. Felix applied for a Critical Care Associate position. Mr. Felix did not get called for an interview, and AEHN offered the position to George Wetzel, a 32-year-old white man. Finally, on February 15, 2008, Mr. Felix applied for an Emergency Department Technician position. Mr. Felix was selected to interview for the job, but AEHN offered the position to Karla Wilcher, a 39-year-old African-American woman. Mr. Felix admits that the primary, if not the sole, basis for his claims is that AEHN failed to hire him in retaliation for him informing Ms. Hall that he had reported AEHN to the EEOC for its hiring practices. Felix Dep. at 390-91. *fn3 Mr. Felix continued to work in his position as a Certified Nursing Assistant at Willow Terrace until his voluntary resignation on July 4, 2008. *fn4

B. Procedural History of the Litigation

Mr. Felix initiated this action against AEHN and Jefferson Health System on August 31, 2009. Since Mr. Felix commenced this lawsuit, he has filed a number of lengthy, duplicative, and unfocused complaints and motions against various parties. This Court has resolved the vast majority of these filings in various orders issued between 2009 and today. Of particular note, is the Court's August 2, 2010 Order (Docket No. 30), dismissing Mr. Felix's first Amended Complaint (Docket No. 27), which alleged failure to hire, segregation, and retaliation claims. The Order permitted Mr. Felix to replead only the claims to which he had exhausted his administrative remedies, namely, his failure to hire claims. Although Mr. Felix filed numerous complaints and motions to amend his complaint subsequent to Court's August 2, 2010 Order, the remaining complaint in this action was filed on September 7, 2010 (Docket No. 32) and names only AEHN as a defendant.

On January 28, 2011, the Court issued an Amended Scheduling Order instructing the parties to complete discovery by February 28, 2011, and to file motions for summary judgment by March 18, 2011. The Order also instructed the parties to file responses to those motions by April 8, 2011. On March 18, 2011, AEHN timely filed the instant motion for summary judgment (Docket No. 51). On April 11, 2011, three days after the April 8, 2011 due date, Mr. Felix filed his opposition along with 26 accompanying exhibits (Docket No. 53). AEHN filed a timely reply in support of its ...


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