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Lillis v. Norwegian Cruise Lines

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

August 28, 2019

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 ...

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