Jones v. Wyman

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KENNETH JONES, Plaintiff, v. JASPER WYMAN & SON, Defendant.

No. 1:20-cv-00383-JAW

United States District Court, D. Maine

July 18, 2022

ORDER ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

JOHN A. WOODCOCK, JR. UNITED STATES DISTRICT JUDGE

A former employee of a Maine blueberry producer brings suit under theories of breach of contract, quantum meruit for breach of quasi-contract, unjust enrichment, for violation of his right to make and enforce contracts on equal terms with white employees guaranteed by 42 U.S.C. § 1981, and for retaliation for his opposition to unequal treatment, also in violation of 42 U.S.C. § 1981. The defendant employer moves for summary judgment. The Court grants in part and denies in part the motion because genuine issues of material fact preclude summary judgment as to most of the employee's claims.

I. PROCEDURAL HISTORY

On March 13, 2020, Kenneth Jones filed a three-count complaint in Washington County Superior Court in Machias, Maine against his former employer, Jasper Wyman & Son (Wyman) alleging breach of contract, breach of quasi-contract in quantum merit, and unjust enrichment. Decl. of Elizabeth T. Johnson in Supp. of Notice of Removal (ECF No. 3) (State Ct. R.), Attach. 2, Compl.; id., Attach. 1, Docket R. at 1 (Docket R.). On October 14, 2020, Mr. Jones amended his state court complaint to allege racial discrimination in contracting and add a claim that Wyman retaliated against him for opposing unequal treatment, both in violation of 42 U.S.C. § 1981. Id., Attach. 6, Am. Compl; Docket R. at 2. On October 16, 2020, Wyman removed this case to federal court and answered the complaint. Def. Jasper Wyman & Son's Notice of Removal (ECF No. 1); Def. Jasper Wyman & Son's First Am. Answer and Affirmative Defenses to Pl.'s First Am. Compl. (ECF No. 4).

On April 7, 2021, following discovery, Mr. Jones filed a motion for leave to amend his complaint to add an additional factual basis of pay discrimination. Pl.'s Mot. for Leave to File Second Am. Compl. and Amendment of the Scheduling Order (ECF No. 15). On April 23, 2021, the Magistrate Judge granted the motion and Mr. Jones filed his second amended complaint. Order (ECF No. 17); Pl.'s Second Am. Compl. (ECF No. 18) (Compl.). On May 7, 2021, Wyman answered the second amended complaint. Def. Jasper Wyman & Son's Answer and Affirmative Defenses to Pl.'s Second Am. Compl. (ECF No. 21).

On July 1, 2021, Wyman notified the Court that it intended to move for summary judgment and requested that the Court schedule a Local Rule 56(h) prefiling conference. Def. Jasper Wyman & Son's Local Rule 56(h) Notice of Intent to Move for Summ. J. and Need for Pre-Filing Conference (ECF No. 28). On July 15, 2021, Wyman filed its Local Rule 56(h) memorandum. Def. Jasper Wyman & Son's Local Rule 56(h) Pre-Filing Conference Filing Mem. as to Def.'s Mot. for Summ. J. (ECF No. 34). On July 22, 2021, Mr. Jones submitted his Local Rule 56(h) memorandum. Pl.'s L.R.56(h) Pre-Conference Mem. (ECF No. 35). On July 29, 2021, the Court held the Local Rule 56(h) conference. Min. Entry (ECF No. 36).

On September 9, 2021, Wyman filed the Local Rule 56(h) stipulated record. Stipulated R. for Purposes of Summ. J. (ECF No. 39); id., Attachs. 1-15; Stipulation of Facts for Purposes of Summ. J. (ECF No. 40) (R.). On September 21, 2021, Wyman filed its motion for summary judgment and statement of material facts. Def. Jasper Wyman & Son's Mot. for Summ. J. (ECF No. 44) (Def.'s Mot.); Def. Jasper Wyman & Son's Statement of Material Facts (ECF No. 44) (DSMF).

On October 22, 2021, Mr. Jones responded in opposition to Wyman's motion for summary judgment. Pl. Kenneth Jones' Opp'n to Def.'s Mot. for Summ. J. (ECF No. 49) (Pl.'s Opp'n). That same day, he also filed his response to Wyman's statement of material fact and his statement of additional material facts. Pl.'s Opposing Statement of Material Facts and Statement of Additional Facts (ECF No. 50) ((Pl.s Opp'n to DSMF) pages 1-33, paragraphs 1-100 (PRDSMF); (Pl.'s Statement of Additional Material Facts) pages 34-64, paragraphs 1-154 (PSAMF)). On November 5, 2021, Wyman replied to Mr. Jones' opposition to its motion for summary judgment and to his statement of additional material facts. Def. Jasper Wyman & Son's Reply in Supp. of Def.'s Mot. for Summ. J. (ECF No. 51) (Def.'s Reply); Def.'s Reply to Pl.'s Opposing Statement of Material Facts and Statement of Additional Material Facts. (ECF No. 52) (DRPSAMF). On November 19, 2021, the Court granted Mr. Jones' unopposed request for oral argument on Wyman's motion for summary judgment. Pl's Mot. for Oral Arg. on Def.'s Mot. for Summ. J. (ECF No. 53); Order (ECF No. 54). On July 8, 2022, the Court held an oral argument on the pending motion. Min. Entry (ECF No. 57).

II. FACTUAL BACKGROUND^[1]

A. The Parties

Jasper Wyman & Son (Wyman) is a Maine corporation with its principal place of business at 280 Main Street, Milbridge, Maine, and with operations in Prince Edward Island (PEI), Canada. Compl. ¶ 3. Kenneth Jones is a Black, African American man who worked for Wyman from November 2013 until September 2018. R. ¶¶ 12, 1, 37.

B. 2013: Wyman Hires Kenneth Jones as a Document Control Specialist

On November 13, 2013, Mr. Jones began employment at Wyman as a Document Control Specialist. R. ¶ 1. Between 2014 and 2018, Mr. Jones lived on Key Street in Eastport, Maine, and his primary workplace was at Wyman's Cherryfield, Maine, facility (Cherryfield), located at 178 Main Street. R. ¶¶ 17-18. The driving distance from Mr. Jones' home to Cherryfield was 70.2 miles. R. ¶ 19. At all times during Mr. Jones' employment at Wyman, Mr. Jones reported directly to Shannon Fickett, Wyman's Cherryfield Quality Assurance Director from 2013 to present. R. ¶ 8.

Mr. Fickett created the Document Control Specialist position and hired Mr. Jones for that role. DSMF ¶¶ 1, 2; PRDSMF ¶¶ 1, 2. After Mr. Jones rejected Mr. Fickett's initial $16.00 an hour job offer, emails reflect that Mr. Fickett advocated for Mr. Jones to be offered more money at the time of hire so that he would be interested in working at Wyman, which Wyman management agreed to in order to upgrade their talent pool.^[2] DSMF ¶ 4; PRDSMF ¶ 4; PSAMF ¶ 97; DRPSAMF ¶ 97. Mr. Jones does not recall signing an employment agreement or contract with Wyman. DSMF ¶ 5; PRDSMF ¶ 5.

Mr. Jones and Mr. Fickett had a good working professional relationship, but Mr. Jones testified that Mr. Fickett was “manipulative.”^[3] DSMF ¶ 10; PRDSMF ¶ 10; PSAMF ¶ 50; DRPSAMF ¶ 50. As Mr. Fickett's direct report, Mr. Jones felt he “owed him the professional courtesy,” but he “kept a distance, kept it professional” and said Mr. Fickett “was not a friend of [his].” DSMF ¶ 10; PRDSMF ¶ 10; PSAMF ¶ 50; DRPSAMF ¶ 50. Mr. Jones and Mr. Fickett communicated with each other regularly during Mr. Jones' employment, including about personal matters. DSMF ¶ 11; PRDSMF ¶ 11.

C. 2015: Wyman Promotes Kenneth Jones

1. The Food/Workplace Document Control Specialist Role

Effective June 1, 2015, Wyman promoted Mr. Jones to Food/Workplace Safety & Document Specialist. DSMF ¶ 8; PRDSMF ¶ 8; PSAMF ¶ 48; DRPSAMF ¶ 48. Mr. Fickett created the position, gave Mr. Jones the job description, and was the person who decided to promote Mr. Jones. DSMF ¶¶ 8-9; PRDSMF ¶¶ 8-9; PSAMF ¶ 49; DRPSAMF ¶ 49. Mr. Fickett worked with Wyman Human Resources (HR) director April Norton to draft the Food/Workplace Safety & Document Specialist job description, which added duties related to workplace safety and environmental compliance and assisting with food safety internal audits at Wyman's facility in PEI.^[4] PSAMF ¶¶ 44, 45; DRPSAMF ¶ 44, 45; DSMF ¶ 8; PRDSMF ¶ 8. Mr. Fickett worked with Ms. Norton and Mr. Fickett drafted the new Food/Workplace Safety & Document Specialist job description. PSAMF ¶ 45; DRPSAMF ¶ 45. Ms. Norton and Mr. Fickett approved the job description, which expressly stated: “Travel will be expected and compensated for.” PSAMF ¶¶ 46-48; DRPSAMF ¶¶ 46-48.

2. The Food/Workplace Safety & Document Specialist Duties

Mr. Jones' duties as Food/Workplace Safety & Document Specialist included ensuring compliance with Safety and Environmental regulations at Wyman's PEI facility, conducting internal audits to determine compliance with food safety policies and procedures, assessing processes to determine if additional procedures or instructions were needed, and managing the Quality Assurance (QA) documents for Wyman's Maine facility. PSAMF ¶ 84; DRPSAMF ¶ 84. No one else at Wyman performed exactly the same set of duties as Mr. Jones or was titled a Document Control Specialist or Food/Workplace Safety & Document Specialist.^[5] DSMF ¶¶ 3, 92; PRDSMF ¶¶ 3, 92.

D. Wyman Employees With Similar Duties

Mr. Jones was one of Mr. Fickett's two direct reports. DSMF ¶ 6; PRDSMF ¶ 6. Wayne Alley, a white, Caucasian male, also reported directly to Mr. Fickett at Wyman's Cherryfield facility. R. ¶¶ 9, 13. Heidi MacDonald is a woman of Filipino descent who reported indirectly to Mr. Fickett and directly to Wade Dover, Wyman's General Manager at the PEI facility. R. ¶¶ 7, 11, 14.

Mr. Alley was a QA Supervisor at Wyman's Cherryfield facility until October 29, 2014, when he was promoted to Quality Assurance Manager. R. ¶ 10. As Quality Assurance Manager, Mr. Alley's duties included managing and maintaining QA programs and activities to ensure compliance with food safety regulations and Wyman policies, reviewing audit results and making decisions on how to address findings, reviewing daily QA records, backup for some testing, and inspections of carton and bag lines, and coaching employees on product grading, testing and inspection.^[6] PSAMF ¶ 83; DRPSAMF ¶ 83.

Many Wyman employees, including QA Managers...