Lillis v. Norwegian Cruise Lines

          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 ...