Hector Ruiz v. Time Warner Cable Inc., and Does 1 through 50, inclusive
Published: Apr. 5, 2014 | Result Date: Jan. 31, 2014 | Filing Date: Jan. 1, 1900 |Case number: 2:13-cv-00320-DMG-SH Summary Judgment – Defense
Court
USDC Central
Attorneys
Plaintiff
Jay S. Rothman
(Jay S. Rothman & Associates)
Glen H. Mertens
(Rostam Law Inc.)
Defendant
Casey L. Morris
(Hill, Farrer & Burrill LLP)
James A. Bowles
(Hill, Farrer & Burrill LLP)
Facts
Hector Ruiz sued his former employer, Time Warner Cable Inc., following his termination.
Contentions
PLAINTIFF'S CONTENTIONS:
Ruiz began working for Time Warner in 1989. In 2010, he was diagnosed with chronic panic disorder, which he attributed to the severe stress he suffered while on the job. He was ultimately rendered disabled and took a medical leave from Feb. 24, 2010 and March 2, 2010. He requested an accommodation from Time Warner due to his condition, seeking transfer to a less stressful environment.
Plaintiff contended that Time Warner denied his requested accommodations. Ruiz contended he repeatedly asked for accommodations, and was even willing to take a cut in his pay in order to move to another position, but Time Warner continued to deny his requests. Plaintiff claimed that while he was on medical leave Time Warner fired him. Ruiz contended that he was fired because he took a medical leave. Ruiz also contended that Time Warner fired him in order to avoid engaging in the interactive process and to avoid providing him with accommodations.
Ruiz asserted causes of action for wrongful termination in violation of public policy; discrimination based on disability; failure to accommodate; failure to engage in the interactive process; retaliation; failure to take all reasonable steps to prevent discrimination and retaliation; violation of the Family and Medical Leave Act, and intentional infliction of emotional distress.
DEFENDANT'S CONTENTIONS:
Time Warner denied Ruiz's allegations, and asserted various affirmative defenses. Time Warner filed a motion for summary judgment, or in the alternative, partial summary judgment. Time Warner contended that Ruiz effectively abandoned his work, and that it had legitimate business reasons for terminating him.
Result
The court granted Time Warner's summary judgment in part, and denied it in part. The court granted summary judgment for Ruiz's claim for failing to engage in the interactive process or accommodation, intentional infliction of emotional distress, and failure to take all reasonable claims. The court denied Time Warner's motion as to Ruiz's other claims.
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