IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

NEWPORT NEWS DIVISION

JEFFREY P. CORBIN, )
)
Plaintiff, )
v. ) ACTION NO. 4:15-CV-139
)
FEDERAL EXPRESS, )
)
Defendant. )

PROPOSED FINAL PRETRIAL ORDER

Plaintiff, Jeffrey Corbin, and Defendant, Federal Express Corporation, submit the

following Proposed Final Pretrial Order pursuant to the Courts June 27, 2017 Second Amended

Scheduling Order.

I. STIPULATED FACTS

The parties stipulate to the following facts:

1. Plaintiff began his employment with FedEx in April 1992 as a Material Handler.

2. Plaintiff worked as a Senior Global Vehicle Technician at FedExs facility in Norfolk,

Virginia from March 2013 to February 2014.

3. As a Senior Global Vehicle Technician, Plaintiff was responsible for repairing,

modifying, and troubleshooting FedEx field vehicles and ground support equipment; diagnosing

the source of trouble, disassembling equipment and performing repairs to FedEx vehicles and

equipment; performing preventative maintenance on FedEx vehicles and equipment; and

completing the required paperwork for each assignment, including Shop Floor

Inventory/Timecard documentation.

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4. If a vehicle requires repair by an outside vendor, the Global Vehicle Technician must

open a Shop Floor System repair order (repair order).

5. Plaintiff is familiar with the process for requesting repairs by an outside vendor, and

knows certain repairs required management approval.

6. Plaintiff took a leave of absence from October 15, 2013 through January 6, 2014.

7. Defendant maintains policies that prohibit discrimination on the basis of an individuals

disability.

8. Defendant maintains policies that explain to employees the process for receiving an

accommodation for a disability or medical impairment.

9. Defendant maintains a department called the Human Capital Management Program that

handles employees requests for accommodations.

10. Plaintiff filed his Charge of Discrimination with the EEOC on August 6, 2014.

11. The EEOC Dismissed Plaintiffs Charge and issued a Notice of Rights to Sue on

September 16, 2015.

II. STIPULATED EXHIBITS

The parties have no objections to the following exhibits:

No. Description

1 2011 FedEx Express Employee Handbook

2 FedEx People Manual Acceptable Conduct Policy

3 FedEx People Manual Equal Employment Opportunity Policy

4 FedEx People Manual Termination Policy

5 FedEx People Manual Guaranteed Fair Treatment Policy

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6 FedEx People Manual Disabled Individuals Policy

7 FedEx People Manual Internal EEO Complaint Process Policy

8 Workplace Poster Non-Discrimination and Harassment

9 Workplace Poster HCMP

10 FedEx Global Vehicles Manual, Chapter 10 Tools

11 FedEx Global Vehicles Manual, Chapter 12 - Accidents

12 FedEx Global Vehicles Manual, Chapter 13 Asset Handling

13 FedEx Global Vehicles Manual, Chapter 19 - Procurement

14 1/2/2014 Orders Note provided to Plaintiff by Daniel R. Cavazos, M.D.

15 Plaintiffs PRISM Completed Course History Screen

16 Plaintiffs PRISM Performance Review History/Discussion Screen

17 Plaintiffs 7/24/2013 Performance Review

18 Plaintiffs 7/24/2013 Performance Review

19 Plaintiffs 4/12/2012 Performance Review

20 Plaintiffs 5/4/2011 Performance Review

21 Plaintiffs OLCCs

22 2/6/2014 Statement from Clatterbuck

23 9/18-19, 2013 Emails between Plaintiff and Clatterbuck regarding drum dolly adaptor

24 10/3-4/2013 Emails between Plaintiff, Scott and Clatterbuck Regarding Notifications

Sent to Scott of Vehicles Out For Repair

25 9/20/2013 Email from Scott to Clatterbuck regarding brake adjustment

26 1/17/2014 Time Card

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 III. EXHIBITS SUBJECT TO OBJECTIONS

A. Plaintiffs Exhibits

100 February 10, 2015 Rebuttal Response

101 Military Documents

102 EEOC Intake Questionnaire

103 CD of three (3) videos on Clutch Jack and Brake Dolly

104 1st Complaint

105 2nd Complaint

106 Mark Clatterbuck EEOC Response and Statements

107 Chapter 10: Tools/Personal, DGNA, ORFR and PHFA tool chart

108 May 20-21, 2013 Denied Zebra Printer

109 CD FDX/Corbin Pages 1-2237

110 Phone Records March 2013 March 2014

111 Mary Davin Declaration

112 Mark Clatterbuck Declaration

113 September 30, 2014 FedEx Response to EEOC

114 January 27, 2014 email outside labor 657100

115 October 10, 2013 Mark Clatterbuck handwritten note

116 9/11/13 Invoice # 164646 NO PRICE DUE TO ENLARGED COPY

117 9/16/13 Invoice # 164683 NO PRICE DUE TO ENLARGED COPY

118 5/19/2017 Opinion and Order

119 1/27/2014 Imperial Receipt Invoice KT6819

120 September 19, 2013 Email Doing PMs Stays FDX/1274, 1275

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121 September 16, 2015 Dismissal Notice Right to Sue

122 FMLA Documents

123 Pictures of clutch jack, brake drum dolly and heavy vehicle jack

124 Jeffrey Corbin Resume

125 Photos of different truck sizes

126 Federal Express Initial Disclosures

127 Def. Answer to Pla. Interrogatory

128 160722-SFS Barcode Work Accomplished Codes

129 Def. Fed. Exp. Corp. Memo. Of Law in Support of its Motion for Summary Judgment

130 Federal Express Corporation (VAGIS)

131 Federal Express Corporation Open Repair Order

132 Sept 4-9, 2013 Email: Surgery Date Oct. 8, 2013

133 August 25, 2014 Email: Re: Jeffrey Corbin

134 Dec 13, 2013 Email: 2 on STD, 173457 and 40174

135 Jan 15, 2014 Email: Call her in the morning (Mary Davin)

136 Jan 16, 2014 Phone Records Dec 2013 Jan 2014

137 July 29, 2013 Email: Order Clutch from Tag or Truck Center

138 Jan 15-16, 2014 Email: re: Vehicle Retirement and Repair Review on 301876

139 Jeffrey Corbin Medical Records

140 Jeffrey Corbin Deposition

141 160722 SFS Influence Wizard

142 Request for brake drum dolly

143 Email from DeAnna March Mar 8, 2012

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144 99584-sFs Repair Order History Detail

B. Defendants Exhibits

200 Plaintiffs Resignation Letter

201 1/28/14 Suspension Letter

202 2/5/14 Termination Letter

203 Plaintiffs PRISM Employee History Information Screen

204 Job Description for Senior Global Vehicle Technician

205 PRISM Authorization Form for Plaintiffs Termination

206 10/10/13 Note to Plaintiff Regarding Invoices and Outside Spending

207 1/15/14 Statement from Plaintiff

208 1/31/14 Memorandum from Clatterbuck to Riley

209 Technician Activity Analysis Report fro Plaintiff from 8/2013 1/2014

210 James Lassiter Statement to Clatterbuck

211 9/17-19/2013 Emails between Plaintiff and Clatterbuck regarding spending limit

212 9/19/2013 Emails between Plaintiff and Clatterbuck regarding spending on repairs

213 8/30/13 Email between Plaintiff and Clatterbuck regarding water pump

214 10/1-4/13 Emails between Plaintiff and Clatterbuck regarding water pump

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 IV. WITNESSES

A. Plaintiffs Witnesses

Plaintiff May Call the Following Witnesses at Trial:

1. Kenneth Morton, Senior Global Vehicle Technician

2. Mike Justin Davis, Senior Global Vehicle Technician

3. Mary Davin, Human Resources Advisor

4. Dr. Leroy Graham, Plaintiffs Primary Physician

5. DeAnna Marsh, HCMP Advisor

6. Mark Clatterbuck, Manager Fleet Maintenance

7. James Lassiter, Foreman at Truck Refrigeration Repair, Inc.

8. Patricia Corbin, Wife of Plaintiff

B. Defendants Witnesses

Defendant May Call the Following Witnesses at Trial:

1. Plaintiff Jeffrey Corbin

2. Mark E. Clatterbuck, Former Manager Fleet Maintenance

3. David Huffer, Manager Human Resources Advisor

4. DeAnna Marsh, HCMP Advisor

5. Jimmy Mathis, Managing Director U.S. Vehicle Maintenance

6. James Lassiter, Foreman at Truck Refrigeration Repair, Inc.

7. Christopher J. Riley, Former Senior Manager Global Vehicles

8. Arthur R. Griffin, Manager Ramp Operations/AGFS

9. Kenneth W. Morton, Senior Global Vehicle Technician

10. Dr. Leroy Graham - Plaintiffs Primary Physician

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 V. FACTUAL CONTENTIONS

A. Plaintiffs Contentions

Plaintiff contends that he is disabled.

Plaintiff contends that he requested a clutch jack dolly from Mark Clatterbuck between

August and October 2013, and that Mark Clatterbuck refused to provide Plaintiff with that tool.

Plaintiff contends that he requested a brake drum dolly from Mark Clatterbuck prior to

requesting a clutch jack dolly, and that Mark Clatterbuck refused to provide Plaintiff with that

tool.

Plaintiff contends he suffered damages as a result of Mark Clatterbucks refusal to

provide these tools.

B. Defendants Contentions

Defendant denies Plaintiff was disabled.

Defendant denies Plaintiff requested an accommodation for his alleged disability.

Defendant denies it made any employment decisions because of Plaintiffs alleged

disability.

Defendant denies Plaintiff suffered any damages as a result of any alleged unlawful

actions.

Defendant denies that it acted in such a manner as to warrant an award of punitive

damages.

VI. TRIABLE ISSUES

1. Whether Plaintiff was disabled under the Americans with Disabilities Act.

2. Whether Plaintiff requested an accommodation for his alleged disability.

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3. Whether Defendant denied a reasonable accommodation request in violation of the

Americans with Disabilities Act.

4. Whether any alleged denials of requests for accommodation occurred within 300 days of

the filing of Plaintiffs Charge of Discrimination with the Equal Employment

Opportunity Commission.

5. Whether Plaintiff suffered any damages as a result of Defendants alleged conduct.

_________________________________
Robert J. Krask
United States Magistrate Judge

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Respectfully submitted this 24th day of February 2017.

PLAINTIFF

By:
Jeffrey P. Corbin
481 Reddick Road
Newport News, VA 23608
Telephone: (757) 660-8337
Email: heyjpaul@gmail.com

DEFENDANT

By:
Michael R. Ward (VSB #41133)
McCandlish Holton Morris
1111 East Main Street
Richmond, VA 23218
Telephone: (804) 344-8300
Facsimile: (804) 344-8359
Email: mward@lawmh.com

AND

Daniel Riederer (admitted pro hac vice)

Catherine Walsh (admitted pro hac vice)
Federal Express Corporation
3620 Hacks Cross Road
Building B, Third Floor
Memphis, TN 38125
Telephone: (901) 434-8556
Facsimile: (901) 434-9279
Email: daniel.riederer@fedex.com

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