United States District Court, M.D. Tennessee
Brandon Hall_(with permission) Jonathan A. Street (BPR #
021712) G. Brandon Hall (BPR # 034027) Employment &
Consumer Law Group Counsel for Plaintiff
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
BROWN UNITED STATES MAGISTRATE JUDGE
to Local Rule 16.01(d)(2), the following Initial Case
Management Plan is adopted.
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.
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
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
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.
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
Identification of the issues: Jurisdiction and venue
have been resolved. Liability and damages remain in dispute.
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.
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).
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 ...