United States District Court, N.D. Illinois, Eastern Division
Patrick F. Moran Goli Rahimi Attorneys for Defendant
DEFENDANT'S RULE 50 MOTION FOR JUDGMENT AS A
MATTER OF LAW AGAINST PLAINTIFF ALIFERIS
Honorable Judge Edmond E. Chang
Generations Health Care Network at Oakton Pavillion, LLC
(“Oakton Pavillion” or “Defendant”),
by and through its attorneys at Gordon & Rees, LLP,
respectfully moves this Honorable Court for an Order granting
its Fed.R.Civ.P. 50(a) Motion for Judgment as a Matter of Law
against Plaintiff Judy Aliferis and in favor of Defendant on
Aliferis' claims for disability discrimination under the
Americans with Disabilities Act and the Illinois Human Rights
Act, and on Aliferis' claim for damages. In support of
its motion, Defendant states as follows:
STATEMENT OF THE CASE
Pavillion, LLC is a skilled nursing facility located in Des
Plaines, Illinois. Co-Defendant Oakton Arms is an independent
senior living facility. Oakton Arms and Oakton Pavillion
purchased the respective businesses and buildings and began
operations on September I, 2014. Plaintiff Judy Aliferis
(“Plaintiff” or “Aliferis”) worked
for Defendant as the Director of Nursing from September 1,
2014 until her termination on September 11, 2014. The
Administrator of both facilities was and is Mr. Bart Barrish.
Ms. Aliferis was terminated by Mr. Barrish as part of the
business transition and Mr. Barrish's desire to have his
own team with him.
has filed a Complaint alleging that Defendant Oakton
Pavillion violated the Americans with Disabilities Act (ADA)
by terminating her based on her disability: cancer.
as a matter of law should be granted as Plaintiff has failed
to establish that Defendant terminated her because of her
disability. In addition, judgment should be granted in
Defendant's favor on Plaintiff's claim for damages,
including punitive damages.
SUMMARY OF EVIDENCE PRESENTED DURING TRIAL
Aliferis was hired by Oakton Pavilion Inc. as a Registered
Nurse on May 2, 2007. Oakton Pavilion and Oakton Arms are two
separate buildings located in Des Plaines, IL. Oakton
Pavilion is a skilled nursing facility where co-plaintiff
Judy Aliferis was employed. Until September 1, 2014, both
buildings and both operations were owned by “Oakton
Pavilion, Inc.” The administrator of both buildings
prior to September 1, 2014 was Jay Lewkowitz.
September 1, 2014, both the buildings and operations of
Oakton Arms and Oakton Pavilion were bought, respectively, by
Generations Health Care at Oakton Arms, LLC and Generations
Health Care at Oakton Pavillion, LLC. Ms. Aliferis was
employed by Defendants Generations Health Care Network at
Oakton Pavillion, LLC from September 1, 2014 through
September 11, 2014. In March of 2014, Ms. Aliferis was
diagnosed with breast cancer.
the old ownership, Jay Lewkowitz and Maureen Krahl allowed
Ms. Aliferis to take as much time as she needed for
treatment. However, at no point from September 1, 2014 until
September 11, 2014 did Ms. Aliferis request any time off.
Barrish did not learn about Ms. Aliferis' cancer until
August, 2014. Bart Barrish became the acting Administrator
and replaced Jay Lewkowitz on September 1, 2014. Mr. Barrish
learned that Ms. Aliferis had a “history of
cancer” after he began looking for a Director of
the purchase, Defendant continued to enforce and maintain the
employment an antidiscrimination policies in place by the old
ownership, including the ...