Felton v. Moneysworth Linen Serv., Inc.

295 F. Supp. 3d 595
CourtDistrict Court, E.D. North Carolina
DecidedJanuary 22, 2018
DocketNo. 2:16–CV–85–D
StatusPublished
Cited by18 cases

This text of 295 F. Supp. 3d 595 (Felton v. Moneysworth Linen Serv., Inc.) is published on Counsel Stack Legal Research, covering District Court, E.D. North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Felton v. Moneysworth Linen Serv., Inc., 295 F. Supp. 3d 595 (E.D.N.C. 2018).

Opinion

JAMES C. DEVER III, Chief United States District Judge

On December 29, 2016, Derek Felton ("Felton" or "plaintiff") filed a pro se complaint against his former employer, Moneysworth Linen Service, Inc., ("Moneysworth"), and against Patrick C. Keenan (Moneysworth's President) and John D. Keenan (Moneysworth's Vice President) [D.E. 1]. Felton alleges age discrimination and retaliation pursuant to the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. §§ 621 to 639 ("ADEA"). See id. On August 15, 2017, Felton moved to quash his deposition [D.E. 14]. On August 28, 2017, defendants moved for summary judgment [D.E. 15] and filed a memorandum in support [D.E. 17] and a statement of undisputed material facts [D.E. 16]. On September 21, 2017, Felton responded in opposition [D.E. 21], and on October 3, 2017, filed his own affidavit [D.E. 22]. On October 9, 2017, defendants replied [D.E. 23]. As explained below, the court grants defendants' motion for summary judgment and denies Felton's motion to quash his deposition.

I.

Moneysworth is a linen company that serves hotels, motels, resorts, vacation rental management companies, and the New Hanover Regional Hospital (the "Hospital"). See [D.E. 16] ¶ 1.1 Moneysworth *598has regular customers located throughout Eastern Virginia and Eastern North Carolina. See id.

Since April 2008, Charles McCauley ("McCauley") has been Moneysworth's general manager. McCauley oversees all operations, including the cleaning, folding, and packing operations in Elizabeth City, North Carolina. See id. ¶ 3.

Since 2014, the Hospital has been a substantial year-round customer for Moneysworth. In contrast to the Hospital, many of Moneysworth's other customers are seasonal. See id. ¶ 5.

In November 2014, Moneysworth hired Felton as a delivery truck driver. All Moneysworth employees are employed on an at-will basis, and none (including Felton) has ever had a written contract for a definite term. Moneysworth uses a tractor trailer to serve the Hospital route. For most of Felton's employment, Felton and C.J. Harris were the primary drivers for the Hospital route. See id. ¶¶ 4, 6, 11.

Moneysworth serves the Hospital seven days per week. Initially, McCauley scheduled Felton to work four days per week and Harris to work three days per week. Felton and Harris had a driver's helper who rode with them and helped to unload and load linens. Sometimes, Moneysworth also employed an additional helper who was assigned to work at the Hospital to assist with the truck when it arrived. At all times, Moneysworth required the driver to assist in unloading and loading the truck. See id. ¶¶ 8-9.

Patrick Keenan and John Keenan work primarily from offices in Virginia Beach, Virginia, and Kitty Hawk, North Carolina, respectively. Each travel to the Elizabeth City facility on a weekly basis. At the Elizabeth City facility, John Keenan often saw Felton speaking with McCauley and it appeared to him that Felton occupied a lot of McCauley's time even though McCauley was not his supervisor. Rather, Dawn Fortenberry was Felton's supervisor. See id. ¶ 10.

Moneysworth follows a point system for taking disciplinary actions for attendance-related reasons. Moneysworth does not use a point system for any disciplinary infractions other than attendance. See id. ¶ 13.

In June 2015, Felton was ticketed for exceeding a safe speed. See id. ¶ 15. In October 2015, Felton was involved in a single-vehicle accident when his truck hit a pole in Vanceboro, North Carolina while driving to the Hospital. See id. ¶ 16. On November 2, 2015, Felton received a disciplinary warning for failing to ensure that the battery charger on his truck was properly connected. See id. ¶ 17.

In 2015, Hospital representatives telephoned McCauley and others at Moneysworth and complained about Felton. The Hospital representatives complained that Felton was moody, was difficult, rushed people, asked Hospital employees to assist him to load and unload linens, and often failed to remove all dirty linens from the Hospital. See id. ¶¶ 18-19. McCauley received more complaints concerning Felton than any other driver. McCauley told Felton about the complaints and told Felton that Moneysworth expected him to be courteous at all times and to remember *599that he was the face of Moneysworth. See

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Donald v. Novant Health, Inc.
E.D. North Carolina, 2025
Suarez v. Southern Carlson
E.D. North Carolina, 2023
Carr v. The United States of America
E.D. North Carolina, 2023
Nieves v. Wormuth
E.D. North Carolina, 2023
Sanders v. Waffle House, Inc.
E.D. North Carolina, 2023
Kennedy v. Abbott Laboratories, Inc.
E.D. North Carolina, 2023
Progress Solar Solutions, LLC v. Long
E.D. North Carolina, 2020
Jones v. Town of Spring Lake, NC
E.D. North Carolina, 2020
Major v. Cape Fear Academy
E.D. North Carolina, 2020
Amos v. Welles
E.D. North Carolina, 2020
Ferrante v. Westin St. John Hotel Co.
E.D. North Carolina, 2020
Boney v. Trs. of Cape Fear Cmty. Coll.
366 F. Supp. 3d 756 (E.D. North Carolina, 2019)

Cite This Page — Counsel Stack

Bluebook (online)
295 F. Supp. 3d 595, Counsel Stack Legal Research, https://law.counselstack.com/opinion/felton-v-moneysworth-linen-serv-inc-nced-2018.