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.

Miller v. Detroit Water and Sewerage Department

United States District Court, E.D. Michigan, Southern Division

July 13, 2018

JASON MILLER, Plaintiff,
v.
DETROIT WATER AND SEWERAGE DEPARTMENT, and GREAT LAKES WATER AUTHORITY, Defendants.

          ORDER DENYING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT (DOC. 17)

          AVERN COHN UNITED STATES DISTRICT JUDGE

         I. INTRODUCTION

         This is an employment case. Plaintiff Jason Miller (Miller) is suing Defendants City of Detroit Water and Sewerage Department (DWSD), his former employer, and Great Lakes Water Authority, which now operates many of DWSD's water treatment plants. Miller claims that DWSD unlawfully discriminated against him and terminated him in violation of the Family and Medical Leave Act of 1993, 29 U.S.C § 2601 et seq. (FMLA) and the Michigan Persons With Disabilities Civil Rights Act, M.C.L. § 37.1101 et seq. (PWDCRA). Miller's complaint is in four counts:

I. FMLA Interference
II. FMLA Retaliation
III. PWDCRA Discrimination
IV. PWDCRA Retaliation

(Doc. 1). Miller requests compensatory damages, liquidated damages, non-economic damages, reinstatement, interest, costs, and attorney's fees.

         Now before the Court is DWSD's motion for summary judgment (Doc. 17). Miller has responded (Doc. 29) and DWSD has replied. (Doc. 24).[1] The parties have also submitted a joint statement of material facts. (Doc. 26). The Court declines to exercise supplemental jurisdiction over Miller's PWDCRA claims because they present a “complex issue of State law, ” 28 U.S.C. § 1367, and thus will only adjudicate summary judgment as to the FMLA claims. For the reasons that follow, DWSD's motion is DENIED.

         II. BACKGROUND

         A.

         Miller started working as a DWSD Sewage Plant Attendant in 2001. At the times relevant to this case, he was supervised by Melvin Murphy (Murphy), Earl Hurling (Hurling), and Majid Khan (Khan). David McNeeley (McNeeley) was Khan's supervisor.

         B.

         On April 13, 15, and 21, 2015, Miller called DWSD to report that he would be absent and would request FMLA time to cover the absences. (Doc. 28-7). However, since Miller's FMLA leave expired on June 30, 2014, he had no more FMLA time to cover his absences. (Doc. 28-15). Because Miller had no FMLA time available, he was marked as AWOL for the three April absences and suspended for five days starting April 27, 2015. (Doc. 28-18). On April 27, 2015, Hurling gave Miller a Corrective Disciplinary Action Form memorializing the AWOL. (Doc. 28-7).

         Miller admits he had no FMLA time available to cover the April absences, but contends that DWSD did not make him aware of that fact until he received the discipline form in late April. (Doc. 28-7). Miller said that he was usually notified when his FMLA expired, and that this time he only found out when he attempted to request FMLA and it was denied. (Miller Dep. 81). A statement signed by ...


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.