The next day several things happened: Dr. Later that day Kennedy informed her supervisor at Applause that her doctor had put her back on medical disability because of her Chronic Fatigue Syndrome. Lynch once again concluded she was unable to work and required a medical leave of absence. Kennedy worked for the next month at her usual job. Kennedy was off work on medical disability leave from Augto November 30, 1992. Lynch, Jr., M.D., diagnosed her as suffering from “Chronic Fatigue Syndrome” and certified her as disabled from work. On August 18, 1992, Kennedy's physician, John E. Her job duties entailed personally servicing the Applause accounts in the west San Fernando Valley of Los Angeles. Beginning in October 1990, Kennedy worked for Applause as a sales representative/territory manager.
We dismiss for lack of jurisdiction Kennedy's appeal from the district court's order granting Applause attorney fees and costs, because Kennedy's notice of appeal from that order was prematurely filed.Īpplause manufactures and distributes gift and novelty items. § 1291 to hear Kennedy's appeal from the district court's summary judgment. In these consolidated appeals, Kennedy appeals the district court's summary judgment and its award of fees and costs.
The district court also awarded Applause attorney fees and costs. It held that Kennedy had failed to establish a necessary element of her prima facie case: that she was qualified to perform her job, with or without reasonable accommodation by her employer. The district court granted summary judgment in favor of Applause. § 12101 et seq., when it discharged her because of her disability. Kennedy sued Applause in the district court, alleging that Applause violated the Americans with Disabilities Act (ADA), 42 U.S.C. One month after she returned to work, her condition again deteriorated and she took another medical leave. Her condition required her to take a three-month medical disability leave from work. McDowell and Ann Elizabeth Reesman, McGuiness & Williams, Washington, DC, for amicus curiae. Jeffrey Grube, Paul, Hastings, Janofsky & Walker, Los Angeles, California, for defendant-appellee. Johnson, Thousand Oaks, California, for plaintiff-appellant. Decided: July 31, 1996īefore: NOONAN, THOMPSON and HAWKINS, Circuit Judges. (Notes accompanying company memo forwarded to Culinary Creations) … Never before has a caterer been mentioned in a message! You’re getting rave reviews.United States Court of Appeals,Ninth Circuit. (From an internal company memo) … The caterer fit right into the team. We will be in touch with you for our future catering needs. …Thank you again for your excellent service and preparation. We received very positive feedback from both customers and employees – especially regarding the stir fry and cookies! … The food was delicious and was thoroughly enjoyed by all. You and your staff dressing up in cowboy hats and bandannas was indicative of the planning and care that obviously went into making our affair a fun and memorable one. … The Texas B-B-Q theme you recommended was on the mark, and as if the awesomely delicious food wasn’t enough, your authentic western-style decorations more than completed the package. Many of those who attended commented on how well everything went. … Not only was the food delicious, but the service and presentation were topnotch. As always, I will call you when we have a store opening in the area. … Thank you for your help in making the grand opening a great success.
The question always is, “what about the food?” Our answer has always been “Culinary Creations is handling it”….Enough said. You take a tough part of our programs and make it seamless. You and your organization are to be commended. Not only that, but the response from our customers is always the same “great food”, “great desserts”, “nice people”, “fabulous presentation”. No questions, no concerns, they just happen. We’ve asked you to handle programs ranging from 25 participants to over 1,000.
0 kommentar(er)
