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Aliferis v. Generations Health Care Network at Oakton Pavillion, LLC

United States District Court, N.D. Illinois, Eastern Division

April 20, 2017

JUDY ALIFERIS and BRIAN GAUGHAN Plaintiffs,
v.
GENERATIONS HEALTH CARE NETWORK AT OAKTON PAVILLION, LLC and GENERATIONS HEALTH CARE NETWORK AT OAKTON ARMS, LLC Defendants.

          Patrick F. Moran Goli Rahimi Attorneys for Defendant

          DEFENDANT'S RULE 50 MOTION FOR JUDGMENT AS A MATTER OF LAW AGAINST PLAINTIFF ALIFERIS

          The Honorable Judge Edmond E. Chang

         Defendant, 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:

         FACTUAL BACKGROUND

         I. STATEMENT OF THE CASE

         Oakton 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.

         Plaintiff has filed a Complaint alleging that Defendant Oakton Pavillion violated the Americans with Disabilities Act (ADA) by terminating her based on her disability: cancer.

         Judgment 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.

         II. SUMMARY OF EVIDENCE PRESENTED DURING TRIAL [1]

         Judy 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.

         On 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.

         Under 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.

         Mr. 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 Nursing.

         After the purchase, Defendant continued to enforce and maintain the employment an antidiscrimination policies in place by the old ownership, including the ...


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