Donald Lee Moss v. CSX Transportation, Inc.

District Court, M.D. Florida·Decided June 8, 2026·No. 3:25-cv-00257·Unknown

Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION

DONALD LEE MOSS,

Plaintiff,

v. Case No.: 3:25-cv-257-WWB-LLL

CSX TRANSPORTATION, INC.,

Defendant. / ORDER THIS CAUSE is before the Court on Defendant’s Motion for Summary Judgment (Doc. 49), Plaintiff’s Response in Opposition (Doc. 51), and Defendant’s Reply (Doc. 52). For the reasons set forth below, Defendant’s Motion will be denied. I. BACKGROUND Plaintiff, Donald Lee Moss, began working for Defendant, CSX Transportation, Inc. (“CSX”) in 1996 as a track supervisor. (Doc. 50-1 at 19:6–15). After a series of promotions, by 2022 Plaintiff was the Chief Engineer North for CSX. (Id. at 19:14–22:12, 26:16–19). In that role, Plaintiff was responsible for ensuring the safety of the employees in the engineering department and the safety, inspection, maintenance, and repair of the infrastructure, such as tracks and bridges. (Id. at 23:3–18). From 2016 to shortly before his resignation, Plaintiff reported to the head of the engineering department, Ricky Johnson. (Id. at 24:1–9). Due to organizational changes in December 2021, Plaintiff began reporting to Greg Mellish, who had been promoted to the Assistant Vice President of Engineering. (Id. at 24:10–13, 24:23–25:6. 101:9–11; Doc. 50-2 at 60). In late 2021, CSX experienced a series of derailments. (Doc. 50-1 at 58:23–60:1; Doc. 50-4 at 41:23–42:4; see also Doc. 13, ¶¶ 13, 17). In responding to the incidents, Plaintiff felt that Johnson and other executives were applying pressure and asking employees to falsely report the costs of the derailments to avoid having to report the

derailments to the Federal Railroad Administration. (Doc. 50-1 at 58:4–22; Doc. 50-2 at 63–64; Doc. 50-9 at 198, 201). On January 18, 2022, Plaintiff had lunch with Carl Walker, the chief engineer of communications and signals at all times relevant to this litigation, and discussed a letter with him that Plaintiff intended to send to CSX executives. (Doc. 50-1 at 124:11–125:10; Doc. 50-4 at 8:14–9:7). Walker declined to sign the letter and cautioned Plaintiff against sending it. (Doc. 50-1 at 124:14–125:15). Nevertheless, on January 21, 2022, Plaintiff sent the letter to Jim Foote, the CEO of CSX, and several board members by certified mail, outlining his concerns regarding the reporting of derailments. (Doc. 50-2 at 14, 63–65). Plaintiff also sent the letter to Foote by e-mail on the evening of January 21, 2022. (Doc. 50-1 at 119:10–14; Doc. 50-2 at 62).

The same day he sent the letter, Johnson called Plaintiff into his office to meet with him and a member of the human resources department. (Doc. 50-1 at 79:25–80:6, 113:18–115:2; Doc. 50-9 at 83:1–9, 85:16–18). Initially, Johnson attempted to discuss Plaintiff’s unhappiness with the decision to promote Mellish instead of Plaintiff. (Doc. 50- 1 at 115:2–9; Doc. 50-9 at 68:2–21). When Plaintiff denied that he was upset about the promotion and was willing to work for Mellish, Johnson abruptly changed the topic to the derailments and asked Walker to be brought into the meeting. (Doc. 50-1 at 115:6–13; Doc. 50-4 at 55:5–9, 55:25–56:6; Doc. 50-9 at 68:25–69:3, 85:19–21). Not wishing to discuss the issue in light of his letter to Foote, Plaintiff left the meeting. (Doc. 50-1 at 115:14–116:4, Doc. 50-4 at 56:20–57:5; Doc. 50-9 at 67:13–20, 86:2–12). The following Monday, attorneys with Jones Day scheduled an interview with Plaintiff to discuss his letter. (Doc. 50-1 at 51:21–52:7, 93:7–11). Plaintiff was interviewed

on January 31, 2022, and felt that the interview was adversarial in nature and that the attorneys were attempting to discredit him and his claims. (Id. at 50:12–21, 158:7–25; Doc. 50-2 at 7). On February 1, 2022, at roughly 7:30 p.m., Plaintiff received an e-mail from the executive director of compensation requesting that Plaintiff review, sign, and return a Confidentiality, Non-Solicitation and Non-Competition Agreement on or before February 14, 2022. (Doc. 50-2 at 66). Failure to agree to the term of the contract would not have resulted in termination but would have resulted in the loss of participation in the Long- Term Incentive Plan (“LTIP”). (Id.; Doc. 50-8 at 35:5–14). The LTIP accounted for roughly fifty to sixty percent of Plaintiff’s compensation in the relevant time frame. (Doc. 50-1 at

161:22; Doc. 50-7 at 21–22). The decision to include all head of department level employees and above in operations in the pool of employees required to sign non- compete agreements was made in roughly August 2021. (Doc. 50-7 at 26–29, 67). The list of individuals that were required to sign was circulated on January 13, 2022. (Doc. 50-2 at 98; Doc. 50-7 at 32–33, 72). A number of employees received the e-mail after business hours on February 1, 2022, into the early morning hours of February 2, 2022. (Doc. 50-2 at 74–97). Although Plaintiff received an e-mail from Johnson on January 27, 2022, setting forth his bonus and raise for 2022, Johnson failed to schedule an in person meeting to discuss his performance by the suggested January 28, 2022 deadline. (Doc. 50-1 at 143:14–144:24; Doc. 50-2 at 100, 104–105). Instead, Johnson sent Plaintiff an invite to meet on February 7, 2022. (Doc. 50-2 at 106). On February 4, 2022, Plaintiff joined a meeting by telephone, although many of

those present were unaware of his attendance. (Doc. 50-1 at 80:8–13, 175:23–176:16; Doc. 50-9 at 142:14–19). During the meeting, the Chief Operating Officer announced that Plaintiff should go to Albany, New York for the weekend to assist crews to prepare for a projected snowstorm. (Doc. 50-1 at 95:14–15, 138:3–4, 175:18–21, 176:17–21; Doc. 50- 9 at 142:20–23). Plaintiff testified that although lead engineers might be dispatched ahead of an impending hurricane, they would not send someone in his position to address a forecasted snowstorm. (Doc. 50-1 at 95:23–96:6, 168:11–19, 170:10–12, 172:10–17, 178:23–179:8; Doc. 50-2 at 8). Although several witnesses testified that this would have been a routine trip, no one could recall specific instances of other similar employees being deployed to a snowstorm. (Doc. 50-1 at 177:2–11; Doc. 50-4 at 24:8–25:7, 26:12–17;

Doc. 50-5 at 30:3–32:9; Doc. 50-6 at 15:20–16:8, 19:22–25; Doc. 50-9 at 41:3–42:16, 44:16–45:17, 51:1–12, 151:14–152:9). Plaintiff travelled to Albany, as instructed, but began to feel that he was likely to be terminated based on the series of events that had transpired since he submitted his letter to Foote. (Doc. 50-1 at 93:7–17). Accordingly, on February 6, 2022, at roughly 11:15 p.m., Plaintiff sent an e-mail to Mellish notifying him that he was “retiring from CSX” and his “last day worked [wa]s 2/06/2022.” (Doc. 50-2 at 56). Plaintiff then paid for his own return flight home from Albany. (Doc. 50-1 at 96:9–11). Subsequent to his resignation, Plaintiff was employed first by Herzog, a railroad- related company that acted as a vendor to CSX. (Doc. 50-1 at 181:16–19; Doc. 50-9 at 117:2–4, 159:21–22). Plaintiff testified that, sometime in the summer 2022, Johnson called Herzog’s COO and spoke disparagingly of Plaintiff and stated that Plaintiff was not

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Donald Lee Moss v. CSX Transportation, Inc., (M.D. Fla. 2026).

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