Jura v. Cnty. of Maui, CIV. NO. 11-00338 SOM/RLP

JACKI JURA, Plaintiff,

v. COUNTY OF MAUI; BENJAMIN M. ACOB,in his official and individual capacity;and MARIE J. KOSGARTEN, in her official and individual capacity, Defendants.

CIV. NO. 11-00338 SOM/RLP

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII

Dated: October 17, 2012

ORDER GRANTING

DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT

I. INTRODUCTION

On May 8, 2012, Plaintiff Jacki Jura sued her former employer, the County of Maui; Benjamin M. Acob, in his official and individual capacities; and Marie J. Kosegarten, in her official and individual capacities (collectively, "Defendants"). At all times relevant to this lawsuit, Jura was a Deputy Prosecuting Attorney for the County of Maui, Acob was the Chief Prosecuting Attorney for the County of Maui, and Kosegarten was the District Court Supervisor within the Department of theProsecuting Attorney for the County of Maui. See Am. Compl. ¶¶ 2-4, 10, ECF No. 50.

Jura asserts three claims under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e-1 to -17, against the County: (1) Pregnancy Discrimination, (2) Sex Discrimination/Hostile Work Environment, and (3) Retaliation. Jura also asserts a claim against the County for: (4) Disability Discrimination pursuant to the Americans with Disabilities Act, 42 U.S.C. §§ 12101-12300. See Am. Compl. ¶¶ 102-08, 109-34, 135-46, 147-61. In addition, Jura asserts two state law claims against all Defendants: (5) Discriminatory Practices, and (6) Sexual Harassment/Hostile Work Environment, both pursuant to chapter 378 of the Hawaii Revised Statutes against all Defendants. See Am. Compl. ¶¶ 162-68, 169-75. Finally, Jura asserts (7) Libel and/or Slander Per Se against Kosegarten only. See Am. Compl. ¶¶ 176-81.

Defendants now move for summary judgment on all counts. See Acob and County of Maui's Mot. for Summ. J., ECF No. 64; Kosegarten's Mot. for Summ. J., ECF No. 96. The court grants Defendants summary judgment on all claims.

II. BACKGROUND

Jura is an attorney who suffers from "severe bilateral hearing loss with no hearing in normal ranges." Am. Compl. ¶ 25; Jacki Jura's Concise Statement in Opp'n to Def.s' Mot.Summ. J. ("Plaintiff's Facts") ¶ 21, ECF No. 120. On or about December 1, 2006, Jura began working as a Deputy Prosecuting Attorney in Maui's Department of the Prosecuting Attorney (the "Prosecutor's Office"). Am. Compl. ¶ 10; Decl. of Benjamin Acob ("Acob Decl.") ¶ 3. Jura was initially assigned to the Appellate Division of the Prosecutor's Office. Am. Compl. ¶¶ 10-11; Acob Decl. ¶ 4. She says her supervisor in the Appellate Division was Richard Minatoya, although he denies that. Declaration of Richard Minatoya ¶ 3, ECF No. 95-2. Minatoya had such limited interaction with Jura that, when she went on medical leave for problems relating to her pregnancy in January 2007, he "was not aware she was pregnant until after she apparently had a miscarriage." Id.

Upon Jura's return to work in February 2007, Acob reassigned her to the District Court Division under Kosegarten's supervision. Acob Decl. ¶ 4. Jura worked in the District Court Division for approximately ten months before she was terminated. Acob Decl. ¶ 9. The Prosecutor's Office asserts it terminated Jura in December 2007 because of "severe performance problems." Def.'s Am. Mot. Summ. J., ECF No. 94. About a month before Jura was fired, Acob, in response to his requests for feedback, heard from at least two Maui District Court judges about Jura as he sought to evaluate the performances of his District Court Deputies. Acob Decl. ¶ 6. District Judges Rhonda Loo and SimonePolak¹ were critical of Jura's work in their courtrooms. Acob Decl. ¶ 7. See also Polak Decl., ECF. No. 95-3; Declaration of Rhonda I.L. Loo ("Loo Decl."), ECF. No. 95-4. While Judge Loo praised Jura as a "bulldog and fighter," she also noted that Jura "ha[d] difficulty listening and accepting suggestions/advice from judges." Loo Decl. ¶ 4. Judge Loo also criticized Jura for demonstrating "a lack of respect [by] ask[ing] the judge to look up the statutes/penalties for themselves and blam[ing] others when she is not prepared." Id. Judge Polak was even more critical, describing Jura and her appearances in court as "torture." Polak Decl. ¶ 4.

Acob met with Jura on December 6, 2007, to discuss the judges' complaints. Acob Decl. ¶ 7. Jura disputed the judges' allegations,² causing Acob to end their meeting and to contact Judges Loo and Polak. Id. Besides confirming their earlier reports, both judges offered additional negative feedback. Acob Decl. ¶ 8. Judge Loo recounted having "instructed Ms. Jura to file complaints in Lanai cases involving three Maui defendantswho would be appearing on Lanai for Court," but "Ms. Jura did not follow through and [those] defendants made unnecessary trips to Lanai." Loo Decl. ¶ 5. Judge Polak told Acob that "Jura had asked a Public Defender what she should do on one of her cases" and "appeared in court wearing slippers." Polak Decl. ¶ 5. In addition, Judge Polak informed Acob that "Jura had stated on the record, in a trial she prosecuted and [Polak] presided over, that [Jura] had not understood anything that had happened, because she could not hear what was being said." Id. Judge Polak further told Acob that she had ordered Jura "to wear the amplifying headphones available in the courtroom, but she had refused." Id. Acob terminated Jura the following day. Acob Decl. ¶ 9.

Jura alleges that the real reason she was terminated is that she participated in an internal investigation against Kosegarten. Pl.'s Opp. at 4, ECF No. 119. The investigation flowed from a complaint made by Deputy Prosecutor Timothy Tate on October 29, 2007, to the person within the Prosecutor's Office assigned to investigate discrimination complaints. Tate alleged that Kosegarten was harassing Deputy Prosecutor Yukari Murakami because Kosegarten was jealous of Murakami's romantic relationship with Tate. Jura Decl. ¶¶ 85-91, ECF No. 119-5. On November 6, 2007, Jura told the investigator that Kosegarten had similarly harassed Jura earlier that year when Kosegarten thought that Jura and Tate were romantically involved. Id. ¶¶ 95, 99.Jura asserts that the decision to fire her was reached upon her "confirming the discrimination of Yukari Murakami and confirming that I had been similarly discriminated against when Marie Kosegarten though[t] that I was dating Timothy Tate." Id. ¶ 100.

Jura asserts unlawful mistreatment by Kosegarten and the Prosecutor's Office in various forms. First, Jura claims that she was discriminated against because of her pregnancy by "being ignored, reassigned to a less desirable position, and witholding/reducing her pay." Pl.'s Opp. at 4; Jura Decl. ¶ 8. Second, Jura asserts that the County of Maui, through Kosegarten, "engaged in hostile and abusive conduct directed towards Plaintiff on the basis of her gender that was so severe and pervasive as to alter the conditions of her employment" in violation of state and federal law. See Pl.'s Opp. at 4. Third, Jura alleges that the County, Acob, and Kosegarten discriminated against her and aided and abetted her termination in violation of section 378-2 of Hawaii Revised Statutes. Id. Fourth, Jura argues that the Prosecutor's Office failed to reasonably accommodate her hearing disability when it did not provide a hearing aid. Jura Decl. ¶¶ 12-13. Fifth, Jura claims that, at some unspecified point in time, "Kosegarten made false and defamatory statements that Plaintiff was incompetent at her business or profession that were publicized to third parties." Pl.'s Opp. at 5.

III. MOTION FOR SUMMARY JUDGMENT

A. STANDARD OF REVIEW

Summary judgment shall be granted when "the pleadings, the discovery and disclosure materials on file, and any affidavits show that there is no genuine issue as to any material fact and that the movant is entitled to judgment as a matter of law." Fed. R. Civ. P. 56(c). One of the principal purposes of summary judgment is to identify and dispose of factually unsupported claims and defenses. Celotex Corp. v. Catrett, 477 U.S. 317, 323-24 (1986). Accordingly, "[o]nly admissible evidence may be considered in deciding a motion for summary judgment." Miller v. Glenn Miller Prods., Inc., 454 F.3d 975, 988 (9th Cir. 2006). Summary judgment must be granted against a party that fails to demonstrate facts to establish what will be an essential element at trial. See Celotex, 477 U.S. at 323. A moving party has both the initial burden of production and the ultimate burden of persuasion on a motion for summary judgment. Nissan Fire & Marine Ins. Co. v. Fritz Cos., 210 F.3d 1099, 1102 (9th Cir. 2000). The burden initially falls on the moving party to identify for the court "those portions of the materials on file that it believes demonstrate the absence of any genuine issue of material fact." T.W. Elec. Serv., Inc. v. Pac. Elec. Contractors Ass'n, 809 F.2d 626, 630 (9th Cir. 1987) (citing Celotex Corp., 477 U.S. at 323); accord Miller, 454 F.3d at 987."A fact is material if it could affect the outcome of the suit under the governing substantive law." Miller, 454 F.3d at 987.

When the moving party fails to carry its initial burden of production, "the nonmoving party has no obligation to produce anything." In such a case, the nonmoving party may defeat the motion for summary judgment without producing anything. Nissan Fire, 210 F.3d at 1102-03. On the other hand, when the moving party meets its initial burden on a summary judgment motion, the "burden then shifts to the nonmoving party to establish, beyond the pleadings, that there is a genuine issue for trial." Miller, 454 F.3d at 987. This means that the nonmoving party "must do more than simply show that there is some metaphysical doubt as to the material facts." Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586 (1986) (footnote omitted). The nonmoving party may not rely on the mere allegations in the pleadings and instead "must set forth specific facts showing that...