Free Statement - District Court of Arizona - Arizona

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DANIEL G. KNAUSS United States Attorney District of Arizona SUZANNE M. CHYNOWETH Assistant U.S. Attorney Arizona State Bar No. 6835 Two Renaissance Square 40 North Central Avenue, Suite 1200 Phoenix, Arizona 85004-4408 Telephone: (602) 514-7500 Facsimile: (602) 514-7760 E-Mail: [email protected]

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA Alexander Jung, CIV-04-0429-PHX-MHM Plaintiff, v. John Potter, Postmaster General, U.S. Postal Service, Defendant. The parties respectfully hereby submit their joint statement of the case as follows: This action is filed under the Rehabilitation Act. Plaintiff, Alexander Jung, was a manual PARTIES JOINT STATEMENT OF THE CASE

17 distribution clerk at the United States Postal Service. He worked at the USPS Priority Center 18 in Phoenix, Arizona from January 2001 through March 2002. Plaintiff claims that he suffers 19 from bilateral knee pain and chondromalacia. Plaintiff claims that the United States Postal 20 Service discriminated against him based on his alleged disability when from January 2001 21 through March 2002 Plaintiff requested accommodation at work for sitting, walking and lifting. 22 Plaintiff also contends that Defendant failed to provide reasonable accommodation which would 23 have enabled him to continue working as a distribution clerk. 24 Defendant disputes that Plaintiff is disabled. Even if he were, Plaintiff did not advise his

25 supervisors or the medial unit that he was disabled. Further, even if Plaintiff was disabled, he 26 could not perform the essential functions of his position as a manual distribution clerk. Plaintiff 27 did not request a reasonable accommodation, and there was no accommodation that could have 28 enabled Plaintiff to perform his job. Defendant had a legitimate business reason for the

Case 2:04-cv-00429-MHM

Document 166

Filed 07/31/2007

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1 decisions regarding Plaintiff's employment and these decisions were based on Plaintiff's alleged 2 disability. 3 4 5 6 7 8 /S/ Rosval A Patterson 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
Case 2:04-cv-00429-MHM Document 166 Filed 07/31/2007 Page 2 of 2

Respectfully submitted this 31st day of July, 2007. DANIEL G. KNAUSS United States Attorney District of Arizona s/Suzanne M. Chynoweth Suzanne M. Chynoweth Assistant U.S. Attorney

Rosval A. Patterson 777 E. Thomas Rd. Phoenix, AZ 85014