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Wiseman v. New Breed Logistics, Inc.

United States District Court, N.D. Mississippi, Oxford Division

December 18, 2014

FORT WISEMAN, PLAINTIFF
v.
NEW BREED LOGISTICS, INC., DEFENDANT

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[Copyrighted Material Omitted]

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For Fort B. Wiseman, Plaintiff: Jim D. Waide, III, LEAD ATTORNEY, Ronnie Lee Woodruff, WAIDE & ASSOCIATES, PA, Tupelo, MS.

For New Breed Logistics, Inc., Defendant: Christina Forte Meddin, Frederick T. Smith, LEAD ATTORNEY, PRO HAC VICE, SEYFARTH SHAW LLP, Atlanta, GA; Brad Best, HOLCOMB DUNBAR, Oxford, MS.

Page 675

MEMORANDUM OPINION

Sharion Aycock, UNITED STATES DISTRICT JUDGE.

Plaintiff Fort Wiseman brings this action alleging retaliatory termination under the Family Medical Leave Act (" FMLA" ) and race discrimination under 42 U.S.C. § 1981. Defendant New Breed Logistics, Inc. (" New Breed" ) has filed a Motion for Summary Judgment [56], arguing both claims should be dismissed, or that alternately, Wiseman's potential recovery on those claims should be limited under the after-acquired evidence doctrine. After considering the motion, responses, rules, and authorities, the Court finds as follows.

A. Facts and Procedural History

I. Wiseman's Time at New Breed

Wiseman, who is black, began working for New Breed in July 2008 as a material handler in its Olive Branch facility. He eventually became a " yard driver" after two promotions with two accompanying pay raises. As a yard driver, Wiseman

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operated a small tractor called a " yard mule" to move full or empty trailers to and from a shipping dock for loading and unloading.

In April 2012, Wiseman was granted paid time off (" PTO" ) for a heart procedure. Both his immediate supervisor Sandra Bell and her supervisor George Nielson were aware of Wiseman's surgery and absence. The procedure took place on April 2, 2012, and ...


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