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Sanford v. Jacobs Technology, Inc.

United States District Court, S.D. Mississippi, Southern Division

June 8, 2015

RANDY D. SANFORD, Plaintiff,


LOUIS GUIROLA, Jr., Chief District Judge.

BEFORE THE COURT is the [29] Motion for Summary Judgment filed by Defendant Jacobs Technology Inc. pursuant to Federal Rule of Civil Procedure 56. The Court previously dismissed Plaintiff Randy D. Sanford's state law claims for negligent and intentional infliction of emotional distress. Jacobs now requests that the Court dismiss Sanford's sole remaining claim for wrongful discharge pursuant to Mississippi state law on the ground that such claim is preempted by Section 301 of the Labor Management Relations Act of 1947, 29 U.S.C. § 185(a) (hereinafter "Section 301").[1] Jacobs argues that "[b]ecause Sanford's termination was inextricably intertwined' with the seniority and layoff provisions of the [applicable] collective bargaining agreement, Sanford's wrongful discharge claim... is preempted by federal labor law." (Def's. Mem. 1-2, ECF No. 30). Sanford has opposed the Motion on multiple grounds, and Jacobs has filed a Reply.

The Court has considered the submissions of the parties and the applicable law and finds that the Motion should be denied because Sanford's claim for wrongful discharge is not inextricably intertwined with the applicable collective bargaining agreement, and, thus, preemption does not apply.


Sanford is a former Jacobs employee. According to the allegations of his Complaint, Jacobs "provides maintenance services and support at a NASA test site located in Hancock County, Mississippi." (Compl. 2 (¶5), ECF No. 3). These services include "maintain[ing] the government fleet of cars and buses located at NASA." (Id. (¶6)). Sanford "worked at NASA in the care fleet...." (Id. (¶7)). He claims that he witnessed a third party using one of the government vehicles for personal use, which is a violation of federal law. Sanford further alleges that after he reported the possible misuse to his supervisor, Marla Carpenter, Carpenter "threatened [his] job and livelihood, stating to [him], I can get a general helper to do your job.'" (Id. at 2-3 (¶¶ 11, 15)).

Sanford's report of vehicle misuse ultimately led to an FBI investigation, culminating in an FBI report that was critical of the managers at Jacobs, including Carpenter. Sanford states that Carpenter terminated him in January 2014 in retaliation for his reporting of a federal crime. Jacobs denies this allegation and states that it terminated Sanford "as a result of NASA's directives in April 2013 and January 2014 to eliminate taxi services at" the NASA site where Sanford worked. ( See Def's. Mem. 12, ECF No. 30). Jacobs further contends that it terminated Sanford in accordance with the collective bargaining agreement (CBA) between Jacobs and the International Association of Machinists and Aerospace Workers, which CBA the parties agree covered Sanford's employment with Jacobs.

Jacobs has moved for summary judgment on Sanford's state law claim for wrongful discharge because it argues that the claim "and Jacobs' defense require analysis and interpretation of" the CBA, and specifically the seniority and layoff provisions therein. ( See Def.'s Mem. 1, ECF No. 30). Thus, Sanford argues that Section 301 preempts the claim, and it must be dismissed.

In response, Sanford states that the Court should deny the Motion under Federal Rule of Civil Procedure 56(d) "because discovery is incomplete, the Defendant possesses documents that Sanford does not have, and Sanford has not had an opportunity to depose Jacobs' management and key witnesses who have knowledge of Sanford's discharge." (Pl's. Resp. 1, ECF No. 38). Alternatively, he opposes summary judgment on the ground that his wrongful discharge "claim is not pre-empted because it does not require the Court to interpret the" CBA. (Id. ).


The sole issue before the Court to decide at this juncture - whether Sanford's state law claim is preempted by Section 301 - is a question of law. See Branson v. Greyhound Lines, Inc., Amalgamated Council Ret. & Disability Plan, 126 F.3d 747, 753 (5th Cir. 1997). As discussed below, the Court is of the opinion that no additional discovery is needed to dispose of the preemption issue. However, the Court is also of the opinion that Jacobs' Motion should be denied and that discovery in this action should proceed.

Sanford's Rule 56(d) Request

If a party opposing summary judgment "shows by affidavit or declaration that, for specified reasons, it cannot present facts essential to justify its opposition, the court may[, ]" inter alia, defer ruling on the motion or deny it to allow for additional discovery. See Fed.R.Civ.P. 56(d). Sanford argues that certain documents to be obtained through discovery "will substantiate [his] claim that he was discharged for reporting criminal activity." ( See Pl's. Opp. Mem. 7, ECF No. 39). He makes a similar claim with respect to taking depositions. ( See id. at 8). He also spends an inordinate amount of his Response attempting to create a genuine issue of material fact surrounding his wrongful termination claim.

However, the only issue currently before the Court is whether Sanford's wrongful discharge claim is preempted, not whether there is a genuine issue of material fact surrounding his claim that his discharge was retaliatory. At this point in the proceedings, the Court will not opine one way or the other whether there are genuine issues of material fact surrounding the motive(s) for Sanford's termination.[2] Accordingly, the Court finds that none of ...

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