Primus Jackson, Jr. v. Corporation Service Company

601 F. App'x 280
CourtCourt of Appeals for the Fifth Circuit
DecidedFebruary 12, 2015
Docket13-20575
StatusUnpublished
Cited by34 cases

This text of 601 F. App'x 280 (Primus Jackson, Jr. v. Corporation Service Company) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Primus Jackson, Jr. v. Corporation Service Company, 601 F. App'x 280 (5th Cir. 2015).

Opinion

EDITH H. JONES, Circuit Judge: *

Appellant Primus Jackson (“Jackson”) appeals the district court’s denial of his Rule 59(e) Motion for Reconsideration after its grant of summary judgment in favor of Honeywell International, Inc. (“Honeywell”). Jackson filed suit against Honeywell following the termination of his employment, alleging various discrimination and retaliation claims under state and federal law. We AFFIRM the district court’s grant of summary judgment for Honeywell on all of Jackson’s claims, pre-termitting the issue whether the district court abused its discretion by denying the Motion for Reconsideration.

I. BACKGROUND

Jackson was a long-time employee of Honeywell, hired in 1968 and promoted to Principal Engineer in 1992. Between 2001 and 2009, Tin Ngo (“Ngo”) was Jackson’s technical manager.

Beginning in 2005, and again in 2006 and 2009, Ngo noted in performance reviews that Jackson’s performance fell below expectations. In 2006, Ngo provided Jackson with guidance for improvement. Following Jackson’s 2009 performance review, Jackson complained to Human Resources that Ngo was treating him unfairly. Jackson contended that the evaluation of his work was not accurate, Ngo did not recognize his achievements, and his pay was adversely affected by his low performance evaluations. Jackson was required to acknowledge a Letter of Expectation (“LOE”) based upon his unsatisfactory performance review in 2009.

Subsequently, Ngo placed Jackson on a Performance Improvement Plan (“PIP”). The PIP gave Jackson 60 days to demonstrate immediate and continuous improvements in his performance. The PIP expressly stated that if Jackson did not meet stated expectations or show improvement, he would be subject to further discipline, up to and including termination. Months later, Ngo determined that Jackson had not successfully completed his PIP. In 2010, as the project Jackson worked on was coming to an end, he was assigned to work on two other projects. He was also assigned to a new technical manager, Victor Nguyen (“Nguyen”). The PIP continued, but when Jackson failed to complete it after more than three months, Nguyen decided, in consultation with his manager Karen Blumentritt (“Blumentritt”), to terminate Jackson’s employment. The termination was effective on July 8, 2010.

Jackson filed suit against Honeywell, alleging: (1) race discrimination in violation of Title VII of the Civil Rights Act of 1964, *283 42 U.S.C. § 2000e et seq. (“Title VII”), 42 U.S.C. § 1981 (“Section 1981”) and Texas Labor Code § 21.001 et seq. (“Texas Labor Code”); (2) retaliation in violation of Title VII, Section 1981 and the Texas Labor Code; (3) a hostile work environment based on race in violation of Title VII, Section 1981, and the Texas Labor Code; (4) hostile work environment based on age in violation of the Age Discrimination in Employment Act (“ADEA”), 29 U.S.C. § 623 et seq., and the Texas Labor Code; and (5) age discrimination in violation of the ADEA and the Texas Labor Code.

On January 15, 2013, Honeywell moved for summary judgment. Jackson’s response was due on February 4, 2013. However, Jackson did not file a response. According to exhibits later filed by Jackson, Jackson’s counsel, Shalanda Moore (“Moore”), was hospitalized on January 23, 2013. On February 7, 2013, Moore was released from the hospital and began inpatient rehabilitation, where she continued to lack her computer and files. On March 15, 2013, Moore was discharged from the rehabilitation facility and has since been on medical leave and recovering at a relative’s home. On April 17, 2013, the district court granted Honeywell’s motion for summary judgment and entered final judgment in favor of Honeywell. On April 29, 2013, Jackson filed a Rule 59(e) Motion for Reconsideration based on Moore’s hospitalization. The district court denied this motion. Jackson timely appealed.

II. MOTION FOR SUMMARY JUDGMENT

After careful review of the complete record, including the supplemental materials proffered in Jackson’s Motion for Reconsideration, we find no genuine issue of material fact concerning his claims under Title VII, the ADEA, 42 U.S.C.1981, or their counterparts in Texas law. 1

A. Standard of Review

We review a district court’s grant of summary judgment de novo, applying the same standard on appeal as that applied below. Tiblier v. Dlabal, 743 F.3d 1004, 1007 (5th Cir.2014). Summary judgment is proper “if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(a). A genuine dispute as to a material fact exists “if the evidence is such that a reasonable jury could return a verdict for the nonmoving party.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 2510, 91 L.Ed.2d 202 (1986). “[T]his court construes ‘all facts and inferences in the light most favorable to the nonmoving party.’” McFaul v. Valenzuela, 684 F.3d 564, 571 (5th Cir.2012) (quoting Dillon v. Rogers, 596 F.3d 260, 266 (5th Cir.2010)). But “[sjummary judgment may not be thwarted by conclusional allegations, unsupported assertions, or presentation of only a scintilla of evidence.” Id. “We are not limited to the district court’s reasons for its grant of summary judgment and may affirm the district court’s summary judgment on any ground raised below and supported by the record.” Boyett v. Redland Ins. Co., 741 F.3d 604, 606-07 (5th Cir.2014) (internal quotation marks omitted).

*284 B. Race Discrimination Claims

Jackson claims that Honeywell discriminated against him because of his race in violation of Title VII, Section 1981 and the Texas Labor Code. Specifically, Jackson contends: (1) Ngo asked Jackson to perform software coding because of his race, (2) Ngo failed to give Jackson recognition or accolades for his achievements because of his race, (3) Jackson was assigned to work on two tasks over a four month period because of his race, (4) Nguyen required Jackson to perform a public presentation of the LDRA tool because of his race, (5) Honeywell paid Jackson less than other employees because of his race, and (6) Jackson was rejected for the position of Orion Test Program Manager (“OTPM”) because of his race.

Because Jackson has not offered any direct evidence, we apply the modified McDonnell Douglas

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601 F. App'x 280, Counsel Stack Legal Research, https://law.counselstack.com/opinion/primus-jackson-jr-v-corporation-service-company-ca5-2015.