Joseph J. Hopkins v. Electronic Data Systems Corporation

196 F.3d 655, 9 Am. Disabilities Cas. (BNA) 1724, 45 Fed. R. Serv. 3d 330, 1999 U.S. App. LEXIS 29816, 1999 WL 1029426
CourtCourt of Appeals for the Sixth Circuit
DecidedNovember 15, 1999
Docket97-2071
StatusPublished
Cited by59 cases

This text of 196 F.3d 655 (Joseph J. Hopkins v. Electronic Data Systems Corporation) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Joseph J. Hopkins v. Electronic Data Systems Corporation, 196 F.3d 655, 9 Am. Disabilities Cas. (BNA) 1724, 45 Fed. R. Serv. 3d 330, 1999 U.S. App. LEXIS 29816, 1999 WL 1029426 (6th Cir. 1999).

Opinions

WELLFORD, J., delivered the opinion of the court, .in which BOGGS, J., joined. MOORE, J., delivered a separate dissenting opinion.

OPINION

WELLFORD, Circuit Judge.

Plaintiff Joseph Hopkins began working for defendant Electronic Data Systems, Inc. (“EDS”) as a Purchasing Agent in 1985. He was promoted to a management position after approximately six months, and just a year later was promoted to a higher-level management position. Hopkins also worked for EDS as a specialist in marketing and business planning. He was one of a few employees to be selected as a “business champion” for EDS to assist in developing entire product lines and business plans.

In early 1994, Hopkins was diagnosed with Adult Attention Deficit Disorder (“ADD”) and shortly thereafter began taking medication to treat it. In April of 1994, Hopkins accepted a new position with EDS’s Human Performance Services organization. He became a senior account manager in a program called Workforce Effectiveness. His supervisor at the time was Jean Roberts. In August of 1994, Paul Borrusch took over the supervisory responsibilities. The initial plan for Workforce Effectiveness was designed by another EDS employee, Bill Hitchcock, with whom Hopkins initially had limited contact.

Members of the Workforce Effectiveness program engaged in team-building exercises in order to establish trust. As part of one of those exercises, Hopkins disclosed to his co-workers that he had ADD. While Hopkins concedes that most fellow employees were sympathetic and concerned, Hitchcock allegedly did not share their concerns. Indeed, at one point, Hitchcock allegedly referred to Hopkins as “the mentally ill guy on Prozac that’s going to shoot the place up.” Hitchcock, however, adamantly denied making such a remark.

In late 1994, EDS formed a new department called Business Combinations. At that time, Hopkins’ supervisor recommended that Hopkins be considered for a position in that department, and Hopkins transferred to the Business Combinations position. Hitchcock was the supervisor, and Jim Murphy was the only other person in that department.

In January of 1995, EDS management decided to cut its budget by 15%-25% in the area of sales and marketing. In early February of 1995, EDS made the decision to eliminate the Business Combinations positions held by both Hopkins and Murphy. During this time, Hopkins, who was having difficulty with his medication, was on a two-week leave of absence. On February 14, 1995, Hopkins and Murphy were notified of the elimination of their positions, but they were afforded the opportunity to find other positions within EDS for a period of sixty days. In addition, they were both advised that their salary and benefits would continue during this job search but would expire on April 15, 1995. Murphy found another position within EDS. Hopkins, on the other hand, was unsuccessful in finding another position, and his employment was terminated on April 15.

On October 18, 1996, Hopkins filed the instant lawsuit claiming that he was unlawfully discriminated against because of his disability in violation of the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12101 et seq., and the Michigan Handicappers’ Civil Rights Act (“MHCRA”), MCLA § 37.1101 et seq. He claims that EDS unlawfully transferred him to a position that was later eliminated and unlawfully failed to secure another position for him at EDS. He alleged that Hitchcock’s [659]*659alleged derogatory comment about his taking Prozac demonstrated that defendant discriminated against him on the basis of his disability. In January, 1997, Hopkins added a cause of action under the Family and Medical Leave Act (“FLMA”), 29 U.S.C. § 2601 et seq., but he has abandoned that claim on appeal.

In July of 1997, the defendant filed a motion for summary judgment. The court held a hearing on the motion the following September. On September 30, 1997, the district court granted the defendant’s motion for summary judgment on all claims. Hopkins now appeals.

We have delayed our disposition in this case because of our concerns regarding the adequacy of Hopkins’ notice of appeal. At the time this case was argued, United States v. Webb, 157 F.3d 451 (6th Cir.1998) (per curiam), cert. denied, — U.S. -, 119 S.Ct. 2019, 143 L.Ed.2d 1031 (1999), controlled the disposition of this issue. The panel in Webb held that because the appellant’s notice of appeal “fail[ed] to designate the name of the court to which his appeal is taken, we must dismiss the appeal for lack of jurisdiction.” Id. at 452. That holding, which drew considerable attention, interpreted Fed.R.Civ.P. 3(c), as amended:

A notice of appeal must specify the party or parties taking the appeal by naming each appellant in either the caption or the body of the notice of appeal.... A notice of appeal also must designate the judgment, order, or part thereof appealed from, and must name the court to which the appeal is taken. An appeal will not be dismissed for informality of form or title of the notice of appeal, or for failure to name a party whose intent to appeal is otherwise clear from the notice.

Id.

Not long after Webb was decided, a majority of the active judges on the court voted to rehear the panel decision issued in Dillon v. United States, No. 97-3138 (6th Cir. Nov. 10, 1998) (unpublished), which had dismissed an appeal based upon the Webb rationale. Ruling en banc on July 21, 1999, a majority of this court effectively overruled Webb in a circumstance where “the Sixth Circuit represented the only appellate court available to [the habeas corpus] petitioner.” Dillon v. United States, 184 F.3d 556, 557 (6th Cir.1999) (en banc). The court held that where a petitioner has only one possible choice of appellate forum, and he otherwise properly filed his notice of appeal in the district court that rendered the judgment, the notice of appeal is not defective by virtue of the petitioner’s failure to name specifically the court to which he is directing his appeal. Id. Rather, under those circumstances, he is considered to have “named” the appellate forum in his notice. See id. at 559.

Hopkins’ timely notice of appeal in the instant case did not name this court in his notice of appeal, but he listed the parties, the name of the district judge, the respective counsel, and contained a heading:

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION CIVIL NO. 96-7480 DT

The content of the notice was brief: “Plaintiff, Joseph J. Hopkins, respectfully gives notice of his appeal from the Court’s Judgment Opinion and Order (dated: 9/30/97) (copies attached hereto), granting Defendant’s Motion for Summary Judgment.” Filed with this appeal was a similar proof of service with no reference to the Sixth Circuit Court of Appeals.

Fortunately for Hopkins, we are no longer guided by Webb, but rather by Dillon,

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196 F.3d 655, 9 Am. Disabilities Cas. (BNA) 1724, 45 Fed. R. Serv. 3d 330, 1999 U.S. App. LEXIS 29816, 1999 WL 1029426, Counsel Stack Legal Research, https://law.counselstack.com/opinion/joseph-j-hopkins-v-electronic-data-systems-corporation-ca6-1999.