This case was last updated from U.S. District Courts on 11/24/2021 at 07:26:18 (UTC).

Geathers v. Amazon.com Services, LLC

Case Summary

On November 23, 2021, Henry Geathers (“Plaintiff” or “Geathers”), represented by Gary James Martoccio of Spielberger Law Group, filed a labor lawsuit against Amazon.com Services LLC (“Defendant” or “Amazon”), seeking compensatory relief, damages with prejudgment interest, costs, and attorneys’ fees for the alleged unlawful termination and discrimination against Plaintiff based on his disability. This case was filed in U.S. District Court in the Western District of North Carolina with Judges Frank D. Whitney and David S. Cayer presiding. 

 

In the complaint, Plaintiff alleged that, “Plaintiff was employed by Defendant in a full-time capacity for approximately seven months. At the time of his termination, Plaintiff held the position of Packer. Plaintiff is a disabled male. At all times relevant to this action, Plaintiff was a qualified individual with a disability within the meaning of the ADA. Plaintiff has an actual disability, has a record of being disabled, and/or is perceived as being disabled by Defendant.”

 

Plaintiff further alleged that, “On or about May 16, 2020, Plaintiff was diagnosed with Congestive Heart Failure. As a result, Plaintiff’s doctor advised Plaintiff to take a medical leave of absence. Plaintiff notified Defendant’s Human Resources Department of his diagnosis and requested a medical leave of absence.” “On or about August 16, 2020, Plaintiff returned to work on the day shift.” “Around late September 2020, Ahmad Ghanmeh, Operations Manager, began to manage the day shift.” “Plaintiff verbally informed Mr. Ghanmeh that he suffered from heart failure.” “Shortly thereafter, Mr. Ghanmeh began ordering Plaintiff to “move faster.” 

 

Plaintiff further alleged that, “Plaintiff repeatedly explained to Mr. Ghanmeh that if he moved too quickly his heart rate would increase and due to his condition, he needed to keep his heart rate steady. However, Mr. Ghanmeh continued to demand Plaintiff “move faster.” “Around November 2020, Plaintiff verbally complained to Robert (last name unknown), Senior Operations Manager, that Mr. Ghanmeh was harassing him due to his heart condition, and the harassment was exacerbating his condition to the point he thought he may need to seek medical attention.” 

 

Plaintiff also alleged that, “When Plaintiff and Mr. Ghanmeh finally arrived at the Human Resources office; Plaintiff verbally complained to a female Human Resources representative that Mr. Ghanmeh had physically assaulted him in the stairwell.” “However, the Human Resources representative took no action to address Plaintiff’s complaint. Instead, the Human Resources employee informed Plaintiff that his employment was being terminated.” 

 

Plaintiff has listed out three claims for relief. The first claim is for disability discrimination in violation of the ADA. The second claim is for failure to accommodate in violation of the ADA and the third claim is for retaliation in violation of the ADA. Plaintiff claimed that Defendant’s discriminatory conduct, in violation of the ADA, has caused Plaintiff to suffer a loss of pay, benefits, and prestige.

 

In the prayer for relief, Plaintiff requested the court to enter judgment requiring Defendant to pay back-wages and back-benefits found to be due and owing at the time of trial; front-pay; compensatory damages, including emotional distress damages, in an amount to be proved at trial; punitive damages; liquidated damages with prejudgment interest thereon; costs; attorneys’ fees (including expert fees), and any other and further relief as the court deems just and proper. 

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    3:21-CV-00630

  • Filing Date:

    11/23/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Labor - Other Labor

Judge Details

Presiding Judge

Frank D. Whitney

Referral Judge

David S. Cayer

 

Party Details

Plaintiff

Henry Geathers

Defendant

Amazon.com Services, LLC

Attorney/Law Firm Details

Plaintiff Attorney

Gary James Martoccio

Attorney at Spielberger Law Group

4890 W. Kennedy Blvd., Suite 950

Tampa, FL 33609

 

Court Documents

#2

(#2) Summons Issued Electronically as to Amazon.com Services, LLC. NOTICE: Counsel shall print the summons and serve with other case opening documents in accordance with Fed.R.Civ.P.4 . (js) (Entered: 11/23/2021)

 

Docket Entries

  • 11/23/2021
  • View Court Documents
  • Docket(#2) Summons Issued Electronically as to Amazon.com Services, LLC. NOTICE: Counsel shall print the summons and serve with other case opening documents in accordance with Fed.R.Civ.P.4 . (js) (Entered: 11/23/2021)

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  • 11/23/2021
  • DocketClerk's Entry and Service of #Initial Scheduling Order and #Certificate of Initial Attorney FRCP 26(f) Conference Form pursuant to the Standing Order Governing Civil Case Management before the Honorable Frank D. Whitney (3:07-mc-47 (Doc. No. 2)). The parties are directed to click on the link above to retrieve the Order. (js) (Entered: 11/23/2021)

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  • 11/23/2021
  • DocketCase assigned to District Judge Frank D. Whitney and Magistrate Judge David S. Cayer. Notice: You must click this link to retrieve the #Case Assignment Packet. This is your only notice - you will not receive a separate document.(js) (Entered: 11/23/2021)

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  • 11/23/2021
  • View Court Documents
  • Docket(#1) COMPLAINT against Amazon.com Services, LLC with Jury Demand ( Filing fee $ 402 receipt number ANCWDC-5329763), filed by Henry Geathers. (Attachments: #1 Cover Sheet)(Martoccio, Gary) Modified to correct extra wording on 11/23/2021 (js). (Entered: 11/23/2021)

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