Greene v. Saia Motor Freight Line, LLC

MICHAEL LLOYD GREENE, Plaintiff, v. SAIA MOTOR FREIGHT LINE, LLC, Defendant.

No. 3:13-cv-1021-J-32PDB

United States District Court Middle District of Florida Jacksonville Division

February 9, 2016

Report and Recommendation

Michael Lloyd Greene alleges SAIA Motor Freight Line, LLC (SAIA), fired him because his wife is disabled, she required expensive treatment covered by SAIA's self-funded healthcare benefit plan, and he had to take time off to care for her. Doc. 1. He brings claims for association discrimination under the Americans with Disabilities Act (ADA), interference with rights under the Employee Retirement Income Security Act (ERISA), and retaliation for exercising rights under the Family and Medical Leave Act (FMLA). Doc. 1. SAIA moves for summary judgment; he opposes summary judgment. Doc. 40 (motion); Doc. 52 (response); Doc. 55 (reply); Doc. 56 (surreply).

I. Evidence¹

SAIA is a trucking company with approximately 8,500 employees nationwide. Doc. 1 ¶ 5; Doc. 6 ¶ 5; Doc. 44-1 at 37-38; Doc. 49-1 at 13; Doc. 50-1 at 4. As of June 2014, its Eastern Division, made up of 78 terminals in 18 states, employed approximately 4,557 employees, with 392 in Florida and 97 in Jacksonville. Doc. 25-2 ¶ 9; Doc. 51-1 at 10-11.

Greene worked for SAIA from 1999 to 2013, mostly as a full-time line-haul truck driver. Doc. 1 ¶¶ 8, 9; Doc. 6 ¶¶ 8, 9; Doc. 43-1 at 33-34, 39-40. His most recent job entailed driving an 18-wheeler from Jacksonville to Crestview, Florida, and back. Doc. 43-1 at 41-42. He reported to Ronald Moore (SAIA's Terminal Manager in Jacksonville) and, in his absence, to James Whitehead (SAIA's Terminal Operations Manager in Jacksonville) or James Scoggins (SAIA's Regional Human ResourcesManager), all of whom had been with SAIA for most of his employment. Doc. 43-1 at 45-47; Doc. 46-1 at 6; Doc. 49-1 at 4; Doc. 50-1 at 5, 20-21. He was a satisfactory employee not known to cause trouble. Doc. 49-1 at 4-5; Doc. 50-1 at 5-6. While employed, he never complained to SAIA management about any poor treatment. Doc. 43-1 at 52-53.

SAIA offers employees an ERISA-governed, self-funded healthcare benefit plan under which an employee with at least 10 years of service makes no contribution for benefits for himself or his dependents (but remains responsible for deductibles, copays, and coinsurance). Doc. 43-1 at 92-94; Doc. 44-1 at 9-10; Doc. 45-1 at 22. SAIA distributes bonuses to supervisors based on SAIA's "achievement of company goals" or "bottom line." Doc. 44-1 at 28-29; Doc. 49-1 at 34. Because health insurance is a significant cost to SAIA, its cost "affects everyone's bottom line." Doc. 44-1 at 29.

The plan's third-party administrator, United Healthcare, maintains records about amounts SAIA pays for claims. Doc. 25-2 ¶ 6. Kristy Roger (SAIA's Corporate Benefits Manager in Louisiana) and employees in her department are the only ones with access to United Healthcare's system. Doc. 45-1 at 11; Doc. 50-1 at 25. She routinely provides her supervisor, Marty Ready (SAIA's Vice President of Human Resources in Georgia) with information on single claims over $20,000 so he can plan the budget. Doc. 41-1 ¶¶ 6, 7; Doc. 44-1 at 25-26; Doc. 45-1 at 6, 12. The information may include a claimant's name but not personal health information. Doc. 41-1 ¶ 6; Doc. 44-1 at 27; Doc. 45-1 at 12-13. He does not have access to United Healthcare's system. Doc. 44-1 at 12-13; Doc. 45-1 at 11.

As an employee with over ten years of service, Greene received healthcare coverage for himself and his wife, Marsha Greene, under the plan without having to pay premiums. Doc. 43-1 at 92-94. For her, Medicare covered what the plan did not. Doc. 48-1 at 18-20. She learned at a young age she suffers from polycystic kidney disease. Doc. 48-1 at 45. Since Greene's hiring in 1999, everyone "from human resources on down" knew she had health problems because it took time to get her coverage. Doc. 43-1 at 178.

In June 2010, Mrs. Greene suffered renal failure, requiring dialysis treatments three times a week. Doc. 43-1 at 18-19, 73-76; Doc. 43-3 at 246-48; Doc. 48-1 at 17-18, 45. Later that year, her lung collapsed and she suffered atrial fibrillations. Doc. 43-1 at 51-52. Greene gave an FMLA request form to Scoggins in case he needed to leave on an emergency basis. Doc. 41-6 at 11-13; Doc. 43-1 at 69-76, 78-79, 87-88; Doc. 43-3 at 245-46; Doc. 50-1 at 57-59. SAIA granted the request, allowing him to take leave for her emergencies. Doc. 43-1 at 70-76. He communicated with Moore and Scoggins when he had to miss work to care for her. Doc. 43-1 at 49-52.

Greene often talked about his wife's condition at work. Doc. 43-1 at 122; Doc. 49-1 at 24-25. Moore took him "under his wing," explaining his own wife is a nurse and he understood polycystic kidney disease.² Doc. 43-1 at 124-28, 180; Doc. 49-1 at 40. Greene often talked to Moore "about the price of medicine and the various procedures ... the collapsed lung and everything." Doc. 43-1 at 121-30; Doc. 43-3 at249. Moore and Scoggins often asked how she was doing. Doc. 43-1 at 128; Doc. 50-1 at 11, 57.

Two years after Mrs. Greene went into renal failure, on October 1, 2012, she underwent a kidney transplant. Doc. 43-1 at 18-19; Doc. 48-1 at 41. Greene expressed his excitement to Moore, Doc. 49-1 at 30, and used about a month of personal leave and vacation time to help her. Doc. 43-1 at 71-73; Doc. 43-3 at 247-48; Doc. 49-1 at 30-31. After the transplant, she had follow-up appointments and had to take anti-rejection medications. Doc. 43-3 at 233-35; Doc. 48-1 at 23, 39-45. Scoggins gave Greene another FMLA request form, but Greene did not complete it and does not remember designating any of the time as FMLA leave, believing any time off after his 2010 approval was automatically FMLA leave. Doc. 43-1 at 72-73, 79-81; Doc. 43-3 at 247-48. SAIA never denied leave, disciplined him for missing work, or commented about any time off. Doc. 43-1 at 76, 84; Doc. 43-3 at 257.

The only record evidence regarding medical bills for Mrs. Greene was Roger's confirmation they exceeded $200,000 in 2012, Doc. 45-1 at 9-10 (referenced elsewhere as $226,385, Doc. 43-3 at 274), Greene's testimony that her dialysis treatments cost thousands of dollars each, Doc. 43-3 at 235, Greene's testimony that her medications cost more than $1000 a month, Doc. 43-3 at 235-36, 248-49, Greene's testimony that she requires a yearly biopsy that is "not cheap," Doc. 43-3 at 233-24, and Greene's testimony that both the transplant and the dialysis treatments were very expensive, Doc. 43-3 at 235.³ Greene did not know if her healthcare for 2012 (when sheunderwent the kidney transplant) was more expensive than her healthcare for 2011 (when she was receiving thrice weekly dialysis treatments) but implied the years were comparable because "dialysis is exceedingly expensive." Doc. 43-3 at 275. Greene had no issues with coverage or claims paid through the plan. Doc. 43-1 at 102-03. When he had questions, he contacted United Healthcare. Doc. 43-1 at 102-03.

Due to the large number of emails he receives daily and the routine nature of emails informing him of claims of $20,000, Ready could not recall if he had received any such email concerning Mrs. Greene. Doc. 41-1 ¶ 7. He never discussed with anyone Mrs. Greene, her health, her medical treatment, her healthcare costs, or the costs to SAIA of her treatment. Doc. 41-1 ¶¶ 5, 6.

In early 2013, Greene had two run-ins with Devin Jenkins, a security guard with an outside company (Imperial Security) serving the Jacksonville terminal. Doc. 43-1 at 131-32; Doc. 47-1 at 23; Doc. 49-1 at 4-5; Doc. 50-1 at 6. One night in January, Greene arrived at the terminal to find Jenkins absent from his post to open the gate⁴ and the chain on the gate too tight and backwards, making it tough to open. Doc. 43-1 at 131-32, 134. He found Jenkins asleep in his car and told him he could use his help, to which Jenkins responded it was not his problem and he did not care. Doc. 43-1 at 134-37; Doc. 47-1 at 22-28. The men engaged in "a little verbal thing," with Greene saying his problem was his absence from the front gate, Jenkins repeating hedid not care, and Greene saying, "I know and that's the GD problem." Doc. 43-1 at 137. Greene walked away and reported him to the security supervisor. Doc. 43-1 at 137-38. The next weekend, Greene saw him standing in the shadows staring at him and found it "a little unnerving." Doc. 43-1 at 146-47, 171.

Two weeks after the initial verbal altercation, on Saturday, February 9, the situation escalated to fisticuffs. Doc. 43-1 at 142-43, 147-48. Greene arrived at the terminal that night, saw no guard, and went to the back of the yard to complete his post-trip procedures. Doc. 43-1 at 164. As he was finishing his procedures outside the truck,⁵ Jenkins approached to collect Greene's paperwork.⁶ Doc. 43-1 at 149, 164-66; Doc. 47-1 at 35-37. As Greene handed him the paperwork, Greene told him something to the effect of, "Hey, I didn't see you up front." Doc. 43-1 at 151. Jenkins, who was unhappy with Greene for not locking the gate after entering the terminal (causing Jenkins to do more work) and who knew he was about to be laid off because Imperial Security's contract was ending, screamed and repeated, "It's not my F-ing job." Doc. 43-1 at 53, 152; Doc. 47-1 at 53, 82. Jenkins clenched his fist and lunged toward Greene,⁷ and Greene hit him twice.⁸ Doc. 43-1 at 147-48, 152, 165; Doc. 47-1 at 46,59-60, 79-84, 104. The men fell to the ground fighting, with Greene placing Jenkins in a choke hold and Jenkins "punching away," until, at Jenkins's request, the men agreed to stop. Doc. 43-1 at 152-53; Doc. 47-1 at 46-47. Greene explained: "[Jenkins] wanted me to let him out of the chokehold. And he said if I didn't he was going to beat the shit out of me. I didn't see how that was going to happen, but that's what he said. And I said, All right. So we stopped, and he immediately called the police." Doc. 43-1 at 153; Doc....