Mitchell v. AT&T Corporation ( 1997 )


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  • UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    SONJA L. MITCHELL,
    Plaintiff-Appellant,
    v.                                                                  No. 96-2223
    AT&T CORPORATION,
    Defendant-Appellee.
    SONJA L. MITCHELL,
    Plaintiff-Appellee,
    v.                                                                  No. 97-1071
    AT&T CORPORATION,
    Defendant-Appellant.
    Appeals from the United States District Court
    for the Eastern District of Virginia, at Alexandria.
    James C. Cacheris, District Judge.
    (CA-96-142-A)
    Submitted: November 12, 1997
    Decided: December 16, 1997
    Before NIEMEYER, LUTTIG, and WILLIAMS, Circuit Judges.
    _________________________________________________________________
    No. 96-2223 affirmed and No. 97-1071 affirmed in part, vacated in
    part, and remanded by unpublished per curiam opinion.
    _________________________________________________________________
    COUNSEL
    John William Karr, LAW OFFICE OF JOHN W. KARR, Washing-
    ton, D.C., for Appellant. Stephen W. Robinson, MCGUIRE,
    WOODS, BATTLE & BOOTH, L.L.P., McLean, Virginia, for Appel-
    lee.
    _________________________________________________________________
    Unpublished opinions are not binding precedent in this circuit. See
    Local Rule 36(c).
    _________________________________________________________________
    OPINION
    PER CURIAM:
    Sonja Mitchell worked for AT&T Corp. (AT&T) from 1972 until
    her termination in 1993. Over the last eight years of her employment
    with AT&T, Mitchell was often absent. As a consequence of an auto-
    mobile accident in 1989, Mitchell was totally incapacitated by back
    injuries from May 4, 1992, until April 18, 1993. On April 19, 1993,
    Mitchell's physician certified that she was able to return to light work
    duties. But AT&T terminated her employment as of February 19,
    1993, "due to [her] continued failure to provide sufficient documenta-
    tion to substantiate [her] disability."
    Mitchell filed this action in the District Court for the District of
    Columbia, alleging a violation of the Americans with Disabilities Act
    (ADA), 
    42 U.S.C.A. §§ 12101-12213
     (West 1995 & Supp. 1997). On
    motion of AT&T, the court concluded that venue was improper in the
    District of Columbia, and transferred the case to the Eastern District
    of Virginia. Following discovery, AT&T moved for summary judg-
    ment and Mitchell opposed the motion. The district court granted
    summary judgment for AT&T. The court subsequently denied
    AT&T's application for costs and attorneys' fees, but sanctioned
    Mitchell's attorney, John Karr, for violating Fed. R. Civ. P. 11. In No.
    96-2223, Mitchell appeals from the entry of summary judgment
    against her; in No. 97-1071, AT&T appeals from the denial of costs
    and attorneys' fees.
    2
    I
    The ADA prohibits discrimination by a covered entity"against a
    qualified individual with a disability because of the disability . . . ."
    
    42 U.S.C.A. § 12112
    (a) (West 1995). A qualified individual with a
    disability is one who, "with or without reasonable accommodation,
    can perform the essential functions of the employment position that
    such individual holds or desires." 42 U.S.C.A.§ 12111(8) (West
    1995). To establish a violation of the ADA, Mitchell must prove (1)
    that she has a disability; (2) that she is qualified for the job; and (3)
    that her termination was unlawful discrimination based on her disabil-
    ity. Tyndall v. National Educ. Ctrs., 
    31 F.3d 209
    , 212 (4th Cir. 1994).
    Where the employer disavows any reliance on a discriminatory reason
    for its adverse action, the burden of proof analysis set forth in
    McDonnell Douglas Corp. v. Green, 
    411 U.S. 792
    , 802-03 (1973), is
    applicable. Ennis v. National Ass'n of Bus. & Educ. Radio, Inc., 
    53 F.3d 55
    , 57-58 (4th Cir. 1995).
    Here, the central issue is whether Mitchell is a qualified individual
    under the Act. In addition to having the skill necessary to perform the
    job, an employee must be able to come to work regularly. Tyndall, 
    31 F.3d at 213
    . Mitchell did not attend work for nine months of the last
    year she was employed. It is undisputed that her position required reg-
    ular attendance. Therefore, the district court's entry of summary judg-
    ment was appropriate.
    Mitchell argues on appeal that because she suffered from a tempo-
    rary, curable injury, AT&T was required under the ADA to await her
    recovery. This court's decision in Myers v. Hose , 
    50 F.3d 278
    , 282-
    83 (4th Cir. 1995), holds to the contrary. Under Myers, "reasonable
    accommodation does not require [the employer] to wait indefinitely
    for [the employee's] medical conditions to be corrected . . . ." 
    Id. at 283
    . Mitchell asserts that because her back problems are curable, in
    contrast to Myers's diabetes, hypertension, and heart disease, the
    holding in that case should not control. But at the time Mitchell was
    terminated, her back problems had gone on for years, she had missed
    most of the previous year from work, and she had provided no prog-
    nosis as to when she would be able to return to work. It was only after
    her termination that Mitchell was declared fit for work. Therefore, the
    distinction she argues does not merit reversal.
    3
    II
    AT&T appeals the district court's denial of its petition for
    $47,446.94 in costs and attorneys' fees. AT&T requested the award
    against Mitchell and Karr, jointly and severally, pursuant to 
    42 U.S.C.A. § 1988
    (b) (West Supp. 1997); 42 U.S.C. § 2000e-5(k)
    (1994); 
    28 U.S.C. § 1927
     (1994); and Fed. R. Civ. P. 11. The district
    court found that Karr had violated Rule 11(b)(2), and ordered Karr to
    attend a Continuing Legal Education Course at his own expense. The
    district court denied the petition on the alternate grounds without dis-
    cussion. AT&T appeals from this order.
    On appeal, AT&T challenges both the denial of costs and fees
    under Rule 11 and the refusal of the remaining grounds. The district
    court, in a lengthy opinion, made its findings as to the adequacy of
    Karr's conduct under the Rule. The court found that Karr had violated
    Rule 11(b)(2) by pursuing the case after Mitchell, at her deposition,
    repeatedly asserted that she had been totally disabled, and after
    AT&T had informed Karr of the controlling precedent in Tyndall. The
    district court ruled that costs and attorneys' fees were not appropriate
    under the circumstances, and that the appropriate sanction was to
    order Karr to attend a Continuing Legal Education program at his
    own expense.
    We review the denial of costs and attorneys' fees under Rule 11 for
    abuse of discretion. Cooter & Gell v. Hartmarx Corp., 
    496 U.S. 384
    ,
    405 (1990). The district court, in its thorough consideration of the
    Rule 11 issues, did not abuse its discretion, and we affirm its ruling.
    Because the district court did not address AT&T's request for costs
    and attorneys' fees under 
    28 U.S.C. § 1927
    ; 
    42 U.S.C. § 1988
    ; or 42
    U.S.C. § 2000e-5(k), we cannot determine whether the denial of costs
    and fees on these grounds was an appropriate exercise of discretion.
    Therefore, we vacate the judgment of the district court on these statu-
    tory requests and remand the case for further proceedings. See
    Simpson v. Welch, 
    900 F.2d 33
    , 36 (4th Cir. 1990) (awarding fees
    under Rule 11 was inappropriate, but district court failed to address
    alternative legal theories).
    Accordingly, we affirm summary judgment of the district court for
    AT&T on Mitchell's ADA claim in No. 96-2333. In No. 97-1071, we
    4
    affirm the district court's ruling on the Fed. R. Civ. P. 11 sanction.
    We vacate the judgment as to the petition for costs and attorneys' fees
    under 
    28 U.S.C. § 1927
    ; 
    42 U.S.C. § 1988
    ; or 42 U.S.C. § 2000e-
    5(k), and remand for further consideration of those issues. We dis-
    pense with oral argument because the facts and legal contentions are
    adequately presented in the materials before the court and argument
    would not aid the decisional process.
    No. 96-2223 - AFFIRMED
    No. 97-1071 - AFFIRMED IN PART, VACATED
    IN PART, AND REMANDED
    5