Ridout v. JBS USA, LLC

886 F. Supp. 2d 1127, 2012 WL 3561675, 2012 U.S. Dist. LEXIS 117186
CourtDistrict Court, S.D. Iowa
DecidedAugust 20, 2012
DocketNo. 4:11-CV-174
StatusPublished

This text of 886 F. Supp. 2d 1127 (Ridout v. JBS USA, LLC) is published on Counsel Stack Legal Research, covering District Court, S.D. Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ridout v. JBS USA, LLC, 886 F. Supp. 2d 1127, 2012 WL 3561675, 2012 U.S. Dist. LEXIS 117186 (S.D. Iowa 2012).

Opinion

ORDER

ROBERT W. PRATT, District Judge.

Before the Court is a Motion for Summary Judgment, filed May 31, 2012, by JBS USA, LLC, a/k/a Swift Beef Company (“Defendant”). Clerk’s No. 16. Lyle Rid-out (“Plaintiff’) filed a resistance to the Motion on July 2, 2012. Clerk’s No. 19. Defendant filed a reply on July 9, 2012. The matter is fully submitted.1

I. FACTS

Defendant owns a pork processing plant in Marshalltown, Iowa. Pl.’s State of Facts in Supp. or Resistance to Def.’s Mot. for Summ. J (“Pl.’s Facts”) ¶ 1 (Clerk’s No. 19-1). Plaintiff was hired by Defendant’s predecessor in interest in or around 1969, and was continually employed with Defendant for a period of approximately forty-one years. Def.’s Statement of Material Facts (Clerk’s No. 16-2) (“Def.’s Facts”) ¶ 1. At the time of his termination, Plaintiff was 62 years old and was employed as the Rendering Superintendent. PL’s Facts ¶ 3; Def.’s Facts ¶ 2. In this position, Plaintiff supervised employees and oversaw the operation of the equipment in the Rendering department. Def.’s Facts ¶4. Plaintiff was supervised in this role by Plant Engineer Cyril Thill (“Thill”), who had been employed by Defendant for over forty years; Plant Manager Todd Carl (“Carl”), age 42; and General Manager Troy Mulgrew (“Mulgrew”), age 48. Id. ¶¶ 5-8.

On May 13, 2010, a piece of equipment in the Rendering department known as the “Prehogor” failed because “the hammers that draw the product in had worn down substantially to where it was no longer effective.” Id. ¶ 9. Operations personnel (including the Rendering Supervisor and Rendering Superintendent) and maintenance personnel shared joint responsibility for this equipment failure. Id. ¶ 10. According to Mulgrew, he went to the Rendering department early in the morning on May 14, 2010, because the Prehogor failure “was backing up 50,000 pounds per hour of product. Anytime there’s a major failure, I go look.” Id. ¶ 11. Carl went to Plain[1130]*1130tiffs office and requested that Plaintiff join Carl, Mulgrew, and Thill a few yards from the Prehogor to discuss the equipment failure.2 Id. ¶ 12.

The parties disagree over precisely what happened next, or more specifically, how it should be characterized. Mulgrew testified that when Carl tried to ask Plaintiff some questions about the “who, what, when, where, and why” of the Prehogor failure, “it was obvious [Plaintiff] was not listening” and that he “was visibly upset to the point of raising his voice,” stating something like, “You come down here. We got shit up to our necks, now you want to start pointing fingers at us?” Def.’s App. at 53-54 (Mulgrew Dep.). Mulgrew testified that, in response to being asked when he had last looked at the Prehogor, Plaintiff replied that it was “maintenance’s job.” Mulgrew further testified:

A. I believe [Carl] was still trying to reason with [Plaintiff] because he was very upset. I let [Carl] try to reason. It was obvious Doug wasn’t listening to today’s efforts and that’s when I interjected and said, “Take it down a couple notches. Doug, do yourself a favor or you’re going home,” and [Plaintiff] responded ... “I’m not going home or I’m not going fucking home. You’re going to have to kick me the fuck out of here,” somewhere along those lines is what I recall. And then I repeated, “Tone it down or you’re going home.”
Q. What happened next?
A. I believe [Plaintiff] left.3

Id. at 55-56. Thill testified that Plaintiff was the only one yelling during this meeting near the Prehogor. Def.’s App. at 78.

Although Plaintiff admits that this meeting near the Prehogor took place, he claims that it “was loud in the area in which this conversation took place as the men were standing close to the operating centrifuge, presser, and prehogor and it was difficult to hear.” Pl.’s Resp. to Def.’s Statement of Material Facts (“Pl.’s Resp.”) ¶ 13 (Clerk’s No. 19-2). Plaintiff contends that noise in the plant requires people to “speak up just to be hear[d]” generally, but that this is especially true “when you are 12 to 15 feet from the prehogor.” Id. Moreover, Plaintiff notes that he has “substantial hearing loss due to his years working at the plant making it difficult to hear or speak loudly to be heard as a result of this hearing loss.” Id. Plaintiff further states:

After the Plaintiff said that the maintenance department was responsible for repairs, the Plaintiff believes — as it was hard to hear — that [Mulgrew] told him to “tone it down a couple of octaves or he’s going to be sent home.” Plaintiff admits that he was frustrated and could not understand why these individuals were present as the prehogor had over many other years broken down and needed repairs before and he and his subordinates were working very hard to overcome the build up that resulted from the shutdown. The Plaintiff did not think he was being aggressive on the morning of May 14, 2010, just loud. [Carl] stated on May 25, 2010, that the [1131]*1131Plaintiff only seemed “a little aggressive and defensive.”

Id. ¶ 14.

Regardless of how the conversation near the Prehogor occurred, it appears that Mulgrew suspended Plaintiff without pay, effective May 14, 2010, and Cheryl Hughlette (“Hughlette”), Defendant’s Human Resources Manager, contacted Plaintiff to request that he provide a statement regarding the events that occurred on that date. See Def.’s Facts ¶ 18; Def.’s App. at 86; Pl.’s Facts ¶47. In an e-mail chain between Hughlette, Thill, Mulgrew, Carl, and Tony Harris (“Harris”), Head of Human Resources for Defendant’s pork division, Harris asked the others to “[pjlease consider the facts and [send] me your recommendations concerning [Plaintiffs] continued employment.” Def.’s App. at 79. In response, Mulgrew stated that it is “up to [Carl] and [Thill].”4 Id. Carl responded that “it would be nice to hear [Plaintiffs] explanation to the incident.” Id.

On May 25, 2010, Plaintiff met with Carl, Harris, and former Human Resources Director Joe Nevel (“Nevel”) to discuss the May 14, 2010 incident.5 Def.’s Facts ¶ 26. Plaintiff provided the following deposition testimony about the meeting:

Q. And you said at the meeting on the 25th that — you said if you’d been [Mulgrew], you would have sent you home too. What was it that you said or did that would have caused you to send yourself home if you would have been [Mulgrew]?
A. When you get into a situation where there’s a no-win, you’re talking with a person and you just need to send that person home and handle it another day. That’s how I would have done it.
Q. In that meeting on the 25th, did you also tell Mr. Carl and Mr. Harris, Mr. Thill, that you had been — you thought you’d been disrespectful to [Mulgrew]?

Def.’s App. at 13-14. During the meeting, Plaintiff also brought up the fact that two other “older” employees, Linn Knox (“Knox”) and Dean Welton (“Welton”), had been discharged.7 Def.’s Facts ¶ 29-30. [1132]*1132Harris, believing that Plaintiff was “framing it np to say this is about [ ] age,” told Plaintiff that age had nothing to do with his investigation.

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Cite This Page — Counsel Stack

Bluebook (online)
886 F. Supp. 2d 1127, 2012 WL 3561675, 2012 U.S. Dist. LEXIS 117186, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ridout-v-jbs-usa-llc-iasd-2012.