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Davis v. Builders Firstsource-Atlantic Group, LLC

United States District Court, M.D. Tennessee

August 19, 2019

DENNIS DAVIS, Plaintiff,
v.
BUILDERS FIRSTSOURCE-ATLANTIC GROUP, LLC Defendant.

          CAMPBELL JUDGE

          G. Brandon Hall_(with permission) Jonathan A. Street (BPR # 021712) G. Brandon Hall (BPR # 034027) Employment & Consumer Law Group Counsel for Plaintiff

          Anne T. McKnight Jonathan O. Harris (BPR # 21508) Anne T. McKnight (BPR # 026476) Ogletree, Deakins, Nash, Smoak & Stewart, P.C. SunTrust Plaza Attorneys for Defendant

          INITIAL CASE MANAGEMENT ORDER

          JOE B. BROWN UNITED STATES MAGISTRATE JUDGE

         Pursuant to Local Rule 16.01(d)(2), the following Initial Case Management Plan is adopted.

         1. Jurisdiction: Jurisdiction in this case is based upon federal questions 42 U.S.C. §2000 (e) et seq. and 28 U.S.C. § 1331. There is no dispute as to jurisdiction in this matter.

         2. Plaintiff's theory of the case: Plaintiff was employed by Defendant as maintenance technician. Plaintiff is a practicing member of the Jewish faith. Throughout his employment, he was subjected to ridicule based on his faith. His immediate supervisor openly bragged about his German heritage and Nazi memorabilia. Plaintiff's immediate supervisor and another co-worker frequently made derogatory racial comments about African Americans and Hispanics. Plaintiff objected to the faith and race-based comments on numerous occasions, including reporting these acts to other supervisors.

         After objecting to the religious and faith based discrimination, Defendant's began retaliating against Plaintiff by making his job nearly impossible to perform including locking away the tools necessary to perform the job. Another co-worker overheard Plaintiff's supervisor walking around looking for a reason to terminate Plaintiff. On June 21, 2017, Plaintiff returned from the lunch to find a Swastika taped to his locker.

         On June 23, 2017, Plaintiff was terminated by Area Manager David Long for alleged performance issues. However, the performance issues cited consisted of work that had been previously reviewed and approved by Plaintiff's supervisor. During the termination meeting, Mr. Long admitted having no knowledge of any performance issues, but that he had to rely on what his supervisors tell him. Mr. Long terminated Plaintiff solely based on the recommendation of the individual who had been discriminating against Plaintiff.

         3. Defendant's theory of the case: Defendant denies the Plaintiff's allegations and denies it has ever discriminated against or harassed Plaintiff based on his religion (or on any other basis) or retaliated against him. Defendant has asserted numerous defenses in its Answer to the Complaint and incorporates those defenses herein by reference.

         4. Identification of the issues: Jurisdiction and venue have been resolved. Liability and damages remain in dispute.

         5. Need for other claims or special issues under Rules 13-15, 17-21, and Rule 23 of the Federal Rules of Civil Procedure: None anticipated.

         6. Witnesses: Witnesses include: Plaintiff, James Long (Area Manager), Yvette Patterson (HR Director), Brian Holland (Operations Manager), Mike Morris (Production Supervisor), Perry Wilke (Maintenance Technician II), Richard Adams (Maintenance Technician I), and David Auchmuty (Crew Leader).

         7. Initial disclosures and staging of discovery: Parties shall exchange Rule 26 Initial Disclosures by September 6, 2019. The parties shall complete all written discovery and depose all fact witnesses on or before April 3, 2020. Discovery is ...


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