Myrna Lopez v. City of West Miami
662 F. App'x 733
| 11th Cir. | 2016Background
- Myrna Lopez, a former police sergeant, has a permanent medical condition (severe endometriosis).
- She sued the City of West Miami under the FMLA and previously under Title VII and the ADA, but those claims were dismissed as to the latter two; Count III remained alleging FMLA interference/retaliation.
- The district court granted summary judgment for the City on the FMLA claims, after determining Lopez provided adequate notice but that the City did not violate the FMLA via interference or retaliation.
- The district court found no interference because Lopez was placed on paid administrative leave after submitting a WH 380-E, and rejected retaliation due to lack of causal proximity and lack of knowledge by the decision-maker.
- Lopez moved for reconsideration, arguing new theory about June 30–July 2, 2014 events constituting intermittent FMLA leave; the district court denied reconsideration.
- On appeal, Lopez challenges the reconsideration ruling and re-characterized FMLA claims; the Eleventh Circuit affirms the district court’s summary judgment for the City.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Lopez asserted an interference claim under the FMLA. | Lopez argues city interfered with FMLA rights. | City contends no deprivation of a covered benefit occurred. | Interference claim failed; no denial of an FMLA benefit shown. |
| Whether Lopez asserted a valid FMLA retaliation claim. | Lopez contends a causal link between leave request and termination exists. | No temporal proximity or knowledge established; no causal connection. | Retaliation claim fails; no causal link proved. |
| Whether the district court properly denied Lopez's motion for reconsideration. | Reconsideration allowed new theories about June 2014 events and intermittent leave. | New theories cannot amend the complaint via reconsideration in summary judgment context. | District court did not abuse discretion; new theory rejected. |
Key Cases Cited
- Strickland v. Water Works and Sewer Board, 239 F.3d 1199 (11th Cir. 2001) (defines interference vs retaliation in FMLA claims)
- Krutzig v. Pulte Home Corp., 602 F.3d 1231 (11th Cir. 2010) (elements of retaliation under FMLA)
- Cruz v. Publix Super Markets, Inc., 428 F.3d 1379 (11th Cir. 2005) (employee not required to expressly assert right to take FMLA leave)
- Gilmour v. Gates, McDonald & Co., 382 F.3d 1312 (11th Cir. 2004) (liberal pleading does not require inference of all possible claims at summary judgment)
- Lightfoot v. Henry County Sch. Dist., 771 F.3d 764 (11th Cir. 2014) (properly relied on complaint pleading at summary judgment)
- Weeks v. Harden Mfg. Corp., 291 F.3d 1307 (11th Cir. 2002) (standard of review for summary judgment and discretionary rulings)
- Wilchombe v. TeeVee Toons, Inc., 555 F.3d 949 (11th Cir. 2009) (motion for reconsideration cannot relitigate old matters)
- Peat, Inc. v. Vanguard Research, Inc., 378 F.3d 1154 (11th Cir. 2004) (abuse of discretion standard for reconsideration)
- Equity Inv. Partners, LP v. Lenz, 594 F.3d 1338 (11th Cir. 2010) (abuse-of-discretion standard for reconsideration appeals)