Free Motion in Limine - District Court of Arizona - Arizona

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Rosval A. Patterson, SBN 018872 Patterson & Associates, P.L.L.C. 777 East Thomas Road, Suite 210 Phoenix, Arizona 85014 Tel.: (602) 462-1004 E-mail: [email protected] Attorney for the Plaintiff

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA ) ) ) ) ) ) ) ) ) ) ) Case No.: CIV 04-429 PHX MHM PLAINTIFF'S MOTION IN LIMINE RE REASONABLE ACCOMMODATION

Alexander Jung, Plaintiff, vs. John E. Potter, Postmaster General , Defendant.

Plaintiff, Alexander Jung, submits this Motion in Limine respectfully requesting that this Court preclude any testimony, evidence, argument or instruction from Defendant on the issue of whether Defendant provided a reasonable accommodation. This motion is supported by the following Memorandum of Points and Authorities.

MEMORANDUM OF POINTS AND AUTHORITIES
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Defendant failed to accommodate Plaintiff as required under the Rehabilitation Act. Defendants never attempted to engage in the interactive process and reasonably accommodate Plaintiff. Plaintiff's manager, Humberto

Trujillo ("Trujillo") did not ask Alex any questions regarding how his disability affected his job or explore whether there were any other ways the Postal Service
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could accommodate Alex. In defiance of the Rehabilitation Act, Trujillo testified that he was not obligated to explore with Alex whether there were other methods in which USPS could reasonably accommodate Alex. Trujillo never even

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bothered to read Handbook EL-307, Reasonable Accommodation, an Interactive Process, which set forth the policies on reasonable accommodation and included checklists to be used in testing applicants with disabilities. Trujillo did not explain to Alex why he thought it would be unfair to grant Alex's request. Trujillo simply kicked Alex out of the PPMPPC and would not allow Alex to return. 1 On January 5, 2007 this Court found that Plaintiff was medically authorized for light duty on a number of occasions during his time at PPMPPC. To specify a couple instances, Plaintiff provided his USPS supervisors with Light Duty Approval Forms on

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February 6, 2001, and October 10, 2001. Plaintiff alleges that in October 2001 he alerted his supervisor, Johnny Camou ("Camou"), of pain in his knee and his need to sit in a chair intermittently while working. Camou allowed Plaintiff's request and provided a cushion chair for Plaintiff to sit on. However, Trujillo told Camou that Plaintiff was not allowed to sit in a soft cushion chair without a doctor's note. Even after Plaintiff obtained authorization from Dr. Shank stating that Plaintiff should be allowed to sit on a soft cushion chair, Mr. Trujillo did not accommodate Plaintiff's request. Summary Judgment Order, p. 13.

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The interactive process involves four steps: (1) Analyze the particular job involved and determine its purpose and essential functions; (2) Consult with the individual with a disability to ascertain the precise job-related limitations imposed by the individual's disability and how those limitations could be overcome with a reasonable accommodation; (3) In consultation with the individual to be accommodated, identify potential accommodations and assess the effectiveness each would have in enabling the individual to perform the essential functions of the position; and (4) Consider the preference of the individual to be accommodated and select and implement the accommodation that is most appropriate for both the employee and the employer. 2

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Accordingly, Plaintiff respectfully requests that this Court enter an order precluding any testimony, evidence, argument or instruction from Defendant that they entered into the interactive process and or that Defendants provided a reasonable

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accommodation. Dated this 2nd day of March, 2007

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s/Rosval A. Patterson Rosval A. Patterson 777 E. Thomas Rd. #210 Phoenix, AZ 85014 Attorney for the Plaintiff

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CERTIFICATE OF SERVICE I hereby certify that on the 2nd of March, 2007, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF Systems for filing and transmittal of a Notice of Electronic Filing for the following CM/ECF registrants: [email protected]

By:

s/Stephanie Coulter Stephanie Coulter

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