United States District Court, E.D. Michigan, Southern Division
DAVID J. LILLIS, Plaintiff,
v.
NORWEGIAN CRUISE LINES, et al., Defendants.
ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY
JUDGMENT [#35]
DENISE
PAGE HOOD UNITED STATES DISTRICT COURT JUDGE
I.
BACKGROUND
On
August 18, 2017, Plaintiff David J. Lillis
(“Lillis”) filed a Complaint pro
se against Defendants Norwegian Cruise Lines
(“NCLA”), [1] Bret Berman (“Berman”), Frank
Del Rio (“Del Rio”), and Andy Stuart
(“Stuart”) alleging what seems to be
discrimination under the Americans with Disabilities Act
(“ADA”) (Count 1).[2] (Doc # 1) Defendants Berman, Del
Rio, and Stuart were dismissed from this case in accordance
with a Stipulated Order on February 7, 2018. (Doc # 21)
Lillis filed an Amended Complaint on October 30, 2017, in
which he provided the Court with additional facts to support
his claim. (Doc # 12) Lillis later obtained counsel on
February 1, 2018. (Doc # 20)
Before
the Court is NCLA's Motion for Summary Judgment, filed on
February 15, 2019. (Doc # 35) Lillis filed an untimely
Response on May 21, 2019. (Doc # 37) On May 22, 2019, Lillis
filed a Motion for Extension of Time to File Response. (Doc #
38) This Motion was granted, and Lillis' Response is
deemed timely. NCLA filed a Reply on June 19, 2019. (Doc #
39) The Court held a hearing on this Motion on May 22, 2019.
The
facts are as follows. Lillis started working for NCLA in 2004
as a chef on the cruise vessel, MS Pride of America. (Doc #
1, Pg ID 12; Doc # 35, Pg ID 324; Doc # 35-3, Pg ID 372) In
2006, he was promoted to the position of Executive Sous Chef.
(Doc # 35-3, Pg ID 372) At NCLA, Executive Sous Chefs are
given various operational and financial responsibilities.
(Doc # 35-4) As part of the Executive Sous Chef job
description, sous chefs must demonstrate the following
physical abilities:
• Is able to maintain a sense of balance without
disturbance while walking and standing;
• Is able to climb up and down vertical ladders and
stairways;
• Is able to step over a door sill or coming up to 24
inches in height;
• Is able to open and close watertight doors that weigh
up to 55 pounds;
• Is able to lift at least a 40-pound load off the
ground, and to carry, push, or pull the same load;
• Is able to grasp and manipulate common tools such as
wrenches, hammers, screwdrivers, and pliers;
• Is able to crouch, kneel, and crawl;
• Is able to distinguish differences in texture and
temperature by feel;
• Is able to intermittently stand on feet for up to four
hours with minimal rest periods;
• Is able to reach to visual alarms and instructions;
• Is able to reach to audible alarms and instructions;
• Is capable of normal conversation;
• Is able to pull an uncharged 1•5-inch diameter,
50' fire hose with nozzle to full extension, and to lift
a charged 1.5-inch diameter fire hose to firefighting
position;
• Is physically able to put on a Personal Flotation
Devise without assistance from ...