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United States District Court for the Western District of Kentucky, Paducah Division
May 16, 2008, Decided; May 16, 2008, Filed
CASE NO: 5:06CV-191-R
[*521] MEMORANDUM OPINION
This matter is before the Court upon the Defendant Excel Maintenance Services, Inc.'s ("Excel") Motion to Dismiss, or, In the Alternative, for Summary Judgment (Docket # 22). The Plaintiff Lewis Smith ("Mr. Smith") has responded (Docket # 27) and Excel has replied (Docket # 28). This matter is ripe for adjudication. For the following reasons, the Defendant's Motion to Dismiss is GRANTED and the Defendant's Motion for Summary Judgment is DISMISSED as Moot.
Mr. Smith began working for Excel as a security officer at the ISP Plant in Calvert City, Kentucky, in February 2005. In October 2005, the Plaintiff "organized other employees for a meeting between the employees of Excel located at the ISP Plant and Excel Management Personnel." The employees signed a formal request that a [*522] group meeting be held "to discuss current issues that are affecting job performance and morale." The formal request stated that the meeting [**2] had to be held within two weeks and indicated that the signed employees would attend without pay and at no cost to ISP. The formal request also stated that "each employee must be guaranteed that nothing they say can be held against them by an Excel personnel." Mr. Smith's complaint further indicates that the meeting "was to negotiate terms and conditions of employment and to promote [the employees'] rights and general welfare."
On October 20, 2005, Mr. Smith was terminated, which he alleges was "discriminatory in nature and in retaliation for [his] role in organizing the aforementioned meeting." Mr. Smith alleges his discharge violated KRS 336.130, and that as a result of his termination, he has lost wages and suffered severe emotional distress, embarrassment, and humiliation. Mr. Smith seeks money damages for past pain and suffering, future pain and suffering, lost wages, future medical expenses, and inconvenience. Mr. Smith also seeks punitive damages.
Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.
617 F. Supp. 2d 520 *; 2008 U.S. Dist. LEXIS 40043 **
LEWIS SMITH, PLAINTIFF v. EXCEL MAINTENANCE SERVICES, INC., DEFENDANT
Prior History: Smith v. Excel Maint. Servs., 2007 U.S. Dist. LEXIS 3457 (W.D. Ky., Jan. 16, 2007)
employees, concerted activity, employment condition, terminated, injunctive relief, union activity, summary judgment, alleges, retaliatory discharge, state court, preempted, engaging, courts, circuit court, discharged, installers, preemption, walk-out, damages, mutual aid, reinstatement, organizing, argues, lack of subject matter jurisdiction, compensatory and punitive damages, collective bargaining purpose, unfair labor practice, federal preemption, backpay, negotiate
Civil Procedure, Jurisdiction, Subject Matter Jurisdiction, General Overview, Evidence, Burdens of Proof, Allocation, Responses, Defenses, Demurrers & Objections, Motions to Dismiss, Labor & Employment Law, Retaliation, Statutory Application, Wrongful Termination, Public Policy, Collective Bargaining & Labor Relations, Unfair Labor Practices, Jurisdiction, Protected Activities, Business & Corporate Compliance, Employer Violations, Interference With Protected Activities, Organizing & Voting Interference, Federal Preemption