Morrisette v. MDV Spartan Nash

Morrisette v. MDV Spartan Nash

Plaintiff:	Robert E. Morrisette
Defendant:	MDV Spartan Nash
Case Number:	2:2015cv00199
Filed:	May 8, 2015
Court:	US District Court for the Eastern District of Virginia
Office:	Norfolk Office
County:	Chesapeake City
Presiding Judge:	Mark S. Davis
Presiding Judge:	Douglas E. Miller
Nature of Suit:	Americans with Disabilities - Employment
Cause of Action:	42 U.S.C. § 12101
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
August 1, 2016	Filing 32 MEMORANDUM OPINION & ORDER entered and filed 8/1/16: This disability discrimination and retaliation case is before the court on Defendant MDV SpartanNash, LLC's ("Defendant" or "SpartanNash") Motion for Summary Judgment. (ECF No. 19). SpartanNash contends that it is entitled to judgment against Plaintiff Robert E. Morrisette, Jr., ("Plaintiff or "Morrisette") because the company did not discriminate against Morrisette by failing to accommodate his disability and did not retaliate against him after he filed a lawsuit against the company. Morrisette argues that genuine disputes of material fact - principally concerning the company's knowledge of his medical condition, his pend ing employment claims, and previous accommodation of other truck drivers - preclude summary judgment on both claims. The parties previously entered their consent to proceed before a United States Magistrate Judge, and all further proceedings in the case were referred in accordance with 28 U.S.C. § 636(c) and Rule 73 of the Federal Rules of Civil Procedure. For the reasons outlined in this Order, the court agrees with Morrisette and DENIES Defendant SpartanNash's 19 Motion for Summary Judgment, as outlined. (See Order and Foot Notes for Specifics) (Signed by Magistrate Judge Douglas E. Miller on 8/1/16). Copies provided to all parties on 8/1/16. (ecav, )

Date Filed

Document Text

August 1, 2016

Filing 32 MEMORANDUM OPINION & ORDER entered and filed 8/1/16: This disability discrimination and retaliation case is before the court on Defendant MDV SpartanNash, LLC's ("Defendant" or "SpartanNash") Motion for Summary Judgment. (ECF No. 19). SpartanNash contends that it is entitled to judgment against Plaintiff Robert E. Morrisette, Jr., ("Plaintiff or "Morrisette") because the company did not discriminate against Morrisette by failing to accommodate his disability and did not retaliate against him after he filed a lawsuit against the company. Morrisette argues that genuine disputes of material fact - principally concerning the company's knowledge of his medical condition, his pend ing employment claims, and previous accommodation of other truck drivers - preclude summary judgment on both claims. The parties previously entered their consent to proceed before a United States Magistrate Judge, and all further proceedings in the case were referred in accordance with 28 U.S.C. § 636(c) and Rule 73 of the Federal Rules of Civil Procedure. For the reasons outlined in this Order, the court agrees with Morrisette and DENIES Defendant SpartanNash's 19 Motion for Summary Judgment, as outlined. (See Order and Foot Notes for Specifics) (Signed by Magistrate Judge Douglas E. Miller on 8/1/16). Copies provided to all parties on 8/1/16. (ecav, )

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Plaintiff: Robert E. Morrisette
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Defendant: MDV Spartan Nash
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