Swann v. US Foods, Inc.

Filing 81

MEMORANDUM OPINION re: 54 MOTION in Limine by US Foods, Inc., 57 MOTION for Summary Judgment by US Foods, Inc., 59 MOTION in Limine by Eugene L. Swann. (See Memorandum Opinion For Details). Signed by District Judge T. S. Ellis, III on 6/17/15. (nhall)

IN THE UNITED STATES DISTRICT COURT FOR THE

EASTERN DISTRICT OF VIRGINIA
ALEXANDRIA DIVISION

EUGENE SWANN,

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Plaintiff,
V.

US FOODS, INC.,
Defendant.

Case No. l:14-cv-01409

MEMORANDUM OPINION

Plaintiff in this matter, Eugene Swann, alleges that he was discharged by his former
employer, defendant US Foods, in violation of the Americans with Disabilities Act of 1990

("ADA"), 42 U.S.C. § 12101 et seq., and retaliated against for engaging in protected activity
under the ADA and the Family and Medical Leave Act of 1993 ("FMLA"), 29 U.S.C. § 2601 et
seq. Defendant now moves for summary judgment on the grounds that the undisputed summary
judgment record demonstrates:

(i)

that plaintiff has failed to show that he is disabled within
the meaning of the ADA and therefore has not established a
primafacie case of ADA discrimination;

(ii)

that plaintiff has not shown that he suffers a serious health
condition within the meaning of the FMLA and thus cannot
state a primafacie case of FMLA retaliation;

(iii)

that plaintiff has not shown the requisite causal connection
between his protected activity and the adverse employment
action he suffered and thus has not established a prima
facie case of ADA retaliation; and