Latham v. Robinson

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IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
LORI A. LATHAM,
Plaintiff,
v.
BRETT/ROBINSON GULF
CORPORATION,
Defendant.
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CASE NO.: 1:24-CV-000213-KD-C
ORDER
After due and proper consideration of the issues raised, and a de novo determination of
those portions of the recommendation to which objection is made, the recommendation of the
Magistrate Judge made under 28 U.S.C. § 636(b)(l)(B) and dated March 31, 2025, (Doc. 24), is
PARTIALLY ADOPTED as the opinion of this Court.
As to the ADA claims, the Magistrate Judge’s report is thorough, and the conclusions are
supported by law. However, the Court has not relied upon the legislative history reports to concur
in the conclusion that the ADA down not cover short term impairments. Rather, the plain language
of the statute refutes Latham’s argument that short-term impairments are covered.
The Court declines to adopt the report and conclusion that the FMLA claim is due to be
dismissed for failure to state a claim that Brett/Robinson’s conduct was willful. The complaint
alleges that six days after Brett/Robinson was notified that Latham would need extended leave,
they terminated her employment. However, it is alleged that Brett/Robinson also indicated that
Latham was invited to reapply for her position, implying that this could occur after her need for
extended leave was over. While the timing of these events may not alone be sufficient to withstand
summary judgment, these allegations make the claim of willfulness “plausible on its face.”
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Accordingly, the Defendant’s Motion to Dismiss, (Doc. 10), is GRANTED in PART and
DENIED in PART as follows:
The Motion to Dismiss is GRANTED as to the ADA claims (Counts 1 and 2). The ADA
claims (Counts 1 and 2) are DISMISSED WITH PREJUDICE.
The Motion to Dismiss is DENIED as to the FMLA claim (Count 3). The FMLA claim
(Count 3) remains.
DONE and ORDERED this the 30th day of April 2025.
/s/ Kristi K. DuBose
KRISTI K. DuBOSE
UNITED STATES DISTRICT JUDGE
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