This case was last updated from U.S. District Courts on 02/21/2022 at 07:36:00 (UTC).

McKenney v. Pepsico, Inc et al

Case Summary

On December 23, 2021, Marcus McKenny (“Plaintiff”), represented by Dean T. Yeotis of Law Offices of Dean T. Yeotis, filed a labor lawsuit against Anthony Wilson, New Bern Transport Corporation, and Pepsico, Inc., (collectively, “Defendants”) seeking damages and costs along with interest, among other relief, for alleged racial discrimination. This case was filed in the United States District Court in the Eastern District of Michigan with Judges Terrence G. Berg and Elizabeth A. Stafford presiding.

 

In the complaint, Plaintiff alleged that, “Plaintiff, a large black man, was employed by Defendant from August of 2001 to March of 2020. Plaintiff is 6 feet 3 inches tall and weighs approximately 300 hundred pounds” and “While employed by Defendant and under the supervision of Mr. Wilson and Cheryl Hinkle, both Caucasian, Plaintiff was subjected to race discrimination and filed a formal complaint with the EEOC in 2017 because of the race-based discrimination he experienced while performing repair and refurbishment work at Defendant’s warehouse.”

 

Plaintiff further alleged that, “In an attempt to avoid the racially charged atmosphere at Defendant’s warehouse, Plaintiff requested a transfer to a driver position and was granted the same” and “Despite Plaintiff being obviously too large to safely drive a small truck, he was assigned to a small “lsuzu cab over truck” style vehicle” and “Plaintiff had safety concerns about driving a small truck that he could not move freely in, and he voiced them to Defendant multiple times. He continued to use the small truck believing that Mr. VonBerg acting in good faith would soon find Plaintiff and his driving partner a suitable truck to drive, especially since Defendant had larger trucks available.”

 

Plaintiff also alleged that, “Because Defendants did nothing to remedy Plaintiff’s safety concerns and Plaintiff needed the job to provide for his wife and 4 children, Plaintiff decided to advocate for himself and reached out to a different Defendant supervisor, Jeremy Morse, who confirmed that Defendant had bigger trucks that were not being used.”

 

Plaintiff also alleged that, “When Plaintiff brought these reasonable solutions to the attention of his supervisor, Mr. Wilson said he would ‘look into it.’ Mr. Wilson never accommodated Plaintiff, and in fact, accommodated a large Caucasian employee that also requested adjustments to his working conditions by assigning him to a bigger truck” and “ As a result of the accumulated impact of the racial discrimination, refusal to accommodate with a larger truck, and Defendant’s perception of Plaintiff as a person with a disability, Plaintiff reasonably and objectively believed that he had no reasonable alternative other than to not return to work and immediately began seeking employment elsewhere.”

 

There are two claims of relief laid down by Plaintiff. The first claim is for the alleged disability discrimination in violation of the ADA. The second claim is for the alleged race discrimination in violation of Title VII.

 

In the prayer for relief, Plaintiff requested the court for a judgment in his favor along with back and future wage and benefit loss, and other monetary damages to which he is entitled to, back and future emotional harm damages, exemplary damages, and an award of interest, costs, and reasonable attorney fees, in an amount in excess of $75,000.00.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:21-CV-13000

  • Filing Date:

    12/23/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Labor - Other Labor

Judge Details

Presiding Judge

Terrence G. Berg

Referral Judge

Elizabeth A. Stafford

 

Party Details

Plaintiff

Marcus McKenney

Defendants

Pepsico, Inc

New Bern Transport Corporation

Anthony Wilson

Attorney/Law Firm Details

Plaintiff Attorney

Dean T. Yeotis

Attorney at Law Offices of Dean T. Yeotis

611 W. Court Street

Flint, MI 48503

Defendant Attorney

Bonnie L. Mayfield

Attorney at Dykema Gossett

39577 Woodward Avenue, Suite 300

Bloomfield Hills, MI 48304-2820

 

Court Documents

#1

(#1) COMPLAINT filed by Marcus McKenney against All Defendants with Jury Demand. Plaintiff requests summons issued. Receipt No: BMIEDC-8733940 - Fee: $ 402. County of 1st Plaintiff: Genesee - County Where Action Arose: Genesee - County of 1st Defendant: Genesee. [Previously dismissed case: No] [Possible companion case(s): None] (Yeotis, Dean) (Entered: 12/23/2021)

#2

(#2) SUMMONS Issued for *New Bern Transport Corporation* (DAll) (Entered: 12/28/2021)

#3

(#3) SUMMONS Issued for *Pepsico, Inc* (DAll) (Entered: 12/28/2021)

#4

(#4) SUMMONS Issued for *Anthony Wilson* (DAll) (Entered: 12/28/2021)

#5

(#5) CERTIFICATE OF SERVICE by Marcus McKenney (Yeotis, Dean) (Entered: 01/19/2022)

#6

(#6) CERTIFICATE of Service/Summons Returned Executed. Marcus McKenney served on 1/12/2022, answer due 2/2/2022. (Yeotis, Dean) (Entered: 01/19/2022)

#7

(#7) ANSWER to Complaint with Affirmative Defenses with Jury Demand by New Bern Transport Corporation. (Mayfield, Bonnie) (Entered: 02/01/2022)

#8

(#8) STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by New Bern Transport Corporation identifying Corporate Parent Pepsico, Inc for New Bern Transport Corporation. (Mayfield, Bonnie) (Entered: 02/01/2022)

#9

(#9) NOTICE TO APPEAR BY TELEPHONE: Scheduling Conference set for 3/9/2022 11:30 AM before District Judge Terrence G. Berg (AChu) (Entered: 02/17/2022)

 

Docket Entries

  • 02/17/2022
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  • Docket(#9) NOTICE TO APPEAR BY TELEPHONE: Scheduling Conference set for 3/9/2022 11:30 AM before District Judge Terrence G. Berg (AChu) (Entered: 02/17/2022)

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  • 02/01/2022
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  • Docket(#8) STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by New Bern Transport Corporation identifying Corporate Parent Pepsico, Inc for New Bern Transport Corporation. (Mayfield, Bonnie) (Entered: 02/01/2022)

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  • 02/01/2022
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  • Docket(#7) ANSWER to Complaint with Affirmative Defenses with Jury Demand by New Bern Transport Corporation. (Mayfield, Bonnie) (Entered: 02/01/2022)

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  • 01/19/2022
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  • Docket(#6) CERTIFICATE of Service/Summons Returned Executed. Marcus McKenney served on 1/12/2022, answer due 2/2/2022. (Yeotis, Dean) (Entered: 01/19/2022)

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  • 01/19/2022
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  • Docket(#5) CERTIFICATE OF SERVICE by Marcus McKenney (Yeotis, Dean) (Entered: 01/19/2022)

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  • 12/28/2021
  • DocketA United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at #http://www.mied.uscourts.gov (DAll) (Entered: 12/28/2021)

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  • 12/28/2021
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  • Docket(#4) SUMMONS Issued for *Anthony Wilson* (DAll) (Entered: 12/28/2021)

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  • 12/28/2021
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  • Docket(#3) SUMMONS Issued for *Pepsico, Inc* (DAll) (Entered: 12/28/2021)

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  • 12/28/2021
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  • Docket(#2) SUMMONS Issued for *New Bern Transport Corporation* (DAll) (Entered: 12/28/2021)

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  • 12/23/2021
  • View Court Documents
  • Docket(#1) COMPLAINT filed by Marcus McKenney against All Defendants with Jury Demand. Plaintiff requests summons issued. Receipt No: BMIEDC-8733940 - Fee: $ 402. County of 1st Plaintiff: Genesee - County Where Action Arose: Genesee - County of 1st Defendant: Genesee. [Previously dismissed case: No] [Possible companion case(s): None] (Yeotis, Dean) (Entered: 12/23/2021)

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