Murrell v. Kohler Company Inc.
MEMORANDUM OPINION AND ORDER that Counsel are ORDERED to appear for oral arguments set for 6/11/2012 01:30 PM in Federal Courthouse, Huntsville, AL before Judge C Lynwood Smith Jr., as more fully set out in order. Signed by Judge C Lynwood Smith, Jr on 5/21/2012. (AHI )
2012 May-21 AM 10:52
U.S. DISTRICT COURT
N.D. OF ALABAMA
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
KOHLER CO., INC.,
KOHLER CO., INC.,
Civil Action No. CV-09-S-2156-NE
Civil Action No. CV-10-S-2056-NE
This court entered an order and accompanying memorandum opinion in the
first case listed in the caption of this Order, i.e., Civil Action No. CV-09-S-2156-NE,
on February 11, 2011, and entering summary judgment in favor of defendant on all
claims, except for plaintiff’s claim that he had been subjected to a sexually-hostile
work environment in violation of Title VII of the Civil Rights Act of 1964, as
amended, 42 U.S.C. § 2000e et seq.1 Among the counts of plaintiff’s complaint thus
See doc. nos. 32 (order) and 31 (memorandum opinion) in Civil Action No.
dismissed were interference and retaliation claims based upon alleged violations of
the Family and Medical Leave Act of 1993, 29 U.S.C. § 2601 et seq. (“FMLA”). In
the course of reaching the conclusion that plaintiff’s FMLA claims should be
dismissed, this court stated, among other considerations discussed, that “Kohler
management had no knowledge of plaintiff’s FMLA request.”2 However, discovery
later conducted in the second case listed in the caption above, i.e., Civil Action No.
CV-10-S-2056-NE, indicates that this court may have erred in concluding that
“Kohler management had no knowledge of plaintiff’s FMLA request.”
Accordingly, this court hereby informs the parties of its intent to reconsider,
sua sponte, those portions of the order and memorandum opinion entered on February
11, 2011 in Civil Action No. CV-09-S-2156-NE that entered summary judgment in
favor of defendant on plaintiff’s FMLA interference and retaliation claims.
Counsel are ORDERED to appear at 1:30 o’clock p.m. on Monday, June 11,
2012, in the United States Courthouse located at 101 Holmes Avenue in Huntsville,
Alabama, for the purpose of providing oral arguments on the question of whether this
court erred when granting summary judgment in favor of defendant on plaintiff’s
FMLA interference and retaliation claims in Civil Action No. CV-09-S-2156-NE.
Further, counsel must also be prepared to provide oral arguments on the issues
Doc. no. 31 (Memorandum Opinion), Civil Action No. CV-09-S-2156-NE, at 15. Marginal
note number 64, appended to the end of that textual sentence quoted above, cited the testimony of
Rebecca (“Becky”) McCutcheon (Human Resources manager in defendant’s Huntsville plant) as
transcribed on pages 60-65 of her deposition as support for that factual conclusion.
raised by defendant’s motions for summary judgment and motion to strike the
affidavit of Casi Sims and portions of the affidavit of Dexter Sims, both of which
were submitted by plaintiff in opposition to the motion for summary judgment filed
by defendant in Civil Action No. CV-10-S-2056-NE.3
DONE and ORDERED this 21st day of May, 2012.
United States District Judge
See doc. nos. 27 (motion for summary judgment) and 37 (motion to strike) in Civil Action
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