BURKES, JERRY R. v. SYSCO CORPORATION

USCA11 Case: 22-12354 Document: 41-1 Date Filed: 08/08/2025 Page: 1 of 48 [PUBLISH] In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 22-12354 ____________________ AILEEN MULLIN, Plaintiff-Appellant, versus SECRETARY, U.S. DEPARTMENT OF VETERANS AFFAIRS, Defendant-Appellee. ____________________ Appeal from the United States District Court for the Middle District of Florida D.C. Docket No. 8:20-cv-02697-VMC-AEP ____________________ USCA11 Case: 22-12354 Document: 41-1 Date Filed: 08/08/2025 Page: 2 of 48 2 Opinion of the Court 22-12354 Before JORDAN, LAGOA, and TJOFLAT, Circuit Judges. PER CURIAM: Aileen Mullin sued the Department of Veterans Affairs, as- serting many claims under the Rehabilitation Act of 1973, 29 U.S.C. § 794. The claims were for disability discrimination, failure to ac- commodate, unlawful disclosure, and retaliation (and/or a retalia- tory hostile work environment). The district court granted sum- mary judgment for the Department on all the claims, and Ms. Mullin now appeals. Following a review of the record, and with the benefit of oral argument, we reverse and remand on the unlawful disclosure claim and affirm on the other claims. 1 I. BACKGROUND In reviewing the district court’s summary judgment order, we view the facts in the light most favorable to Ms. Mullin. See Taxinet Corp. v. Leon, 114 F.4th 1212, 1231 (11th Cir. 2024). Seen through that lens, the record reflects the following.2 A. Ms. Mullin began her employment with the Department of Veterans Affairs in February 2009. She remains employed by the 1 As to any issues not discussed in this opinion, we summarily affirm. 2 We include a fair number of dates in setting out the chronology of events because the dates in this case matter. USCA11 Case: 22-12354 Document: 41-1 Date Filed: 08/08/2025 Page: 3 of 48 22-12354 Opinion of the Court 3 Department as a Ratings Veterans Service Representative at the St. Petersburg Regional Office of the Veterans Benefits Administra- tion. In July 2010, Ms. Mullin began to experience respiratory is- sues at work. Believing that the building she worked in was causing the respiratory problems, she spoke with someone at the Depart- ment that month about what could be done to address what she believed to be issues with the building. According to Ms. Mullin, the Department did not do anything after she first raised her con- cerns, and she was told to file a claim for worker’s compensation. Ms. Mullin’s respiratory issues worsened over time. In De- cember 2011 she informed the Department that she was still having trouble with her breathing and asthma. She asked for an alternative work schedule to limit the time she spent in the building. She also sought relocation of her workstation to a different place in the building. The Department granted both requests. It limited the num- ber of days Ms. Mullin was required to be in the office and it changed her workstation. Although she had requested these ac- commodations, Ms. Mullin did not consider them effective because she continued to suffer from respiratory issues. In January 2012, Ms. Mullin informed the Department that her respiratory issues were continuing and remained severe. That same month, she met with human resources specialist Tammi Clarke and a union representative to discuss her ongoing health is- sues. Ms. Mullin does not remember whether she made any USCA11 Case: 22-12354 Document: 41-1 Date Filed: 08/08/2025 Page: 4 of 48 4 Opinion of the Court 22-12354 accommodation requests at this meeting, but she recalls that Ms. Clarke told her that her workstation would be moved from the sec- ond floor to the third floor. Ms. Mullin returned to work two days after this meeting and found that she had n

USCA4 Appeal: 24-2056 Doc: 124 Filed: 08/15/2025 Pg: 1 of 51 PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 24-2056 CARYN DEVINS STRICKLAND, Plaintiff – Appellant, v. NANCY L. MORITZ, The Hon., in her official capacity as Chair of the Judicial Conference Committee on Judicial Resources; ROBERT J. CONRAD, JR., in his official capacity as Director of the Administrative Office of the United States Courts; ALBERT DIAZ, The Hon., in his official capacity as Chief Judge of the Fourth Circuit and as Chair of the Judicial Council of the Fourth Circuit; JAMES N. ISHIDA, in his official capacity as Circuit Executive of the Fourth Circuit and as Secretary of the Judicial Council of the Fourth Circuit; JOHN G. BAKER, in his official capacity as Federal Public Defender of the Federal Public Defender for the Western District of North Carolina, Defendants – Appellees. Appeal from the United States District Court for the Western District of North Carolina, at Asheville. William G. Young, Senior District Judge for the United States District Court for the Eastern District of Massachusetts, sitting by designation. (1:20-cv-00066-WGY) Argued: June 30, 2025 Decided: August 15, 2025 Before W. Duane BENTON, Circuit Judge of the United States Court of Appeals for the Eighth Circuit, Ronald Lee GILMAN, Senior Circuit Judge of the United States Court of Appeals for the Sixth Circuit, and Susan P. GRABER, Senior Circuit Judge of the United USCA4 Appeal: 24-2056 Doc: 124 Filed: 08/15/2025 Pg: 2 of 51 States Court of Appeals for the Ninth Circuit, sitting by designation.1 Affirmed by published opinion. Senior Judge Gilman wrote the opinion, in which Senior Judge Graber and Judge Benton joined. ARGUED: Caryn Devins Strickland, LAW OFFICE OF CARYN STRICKLAND, Lynn, North Carolina, for Appellant. Kevin B. Soter, UNITED STATES DEPARTMENT OF JUSTICE, for Appellees. ON BRIEF: Yaakov M. Roth, Acting Assistant Attorney General, Courtney L. Dixon, Civil Division, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellees. 1 Because all members of the United States Court of Appeals for the Fourth Circuit are recused in this case, a panel of judges from outside the Circuit was appointed for this appeal pursuant to 28 U.S.C. §§ 291, 294. 2 USCA4 Appeal: 24-2056 Doc: 124 Filed: 08/15/2025 Pg: 3 of 51 RONALD LEE GILMAN, Senior Circuit Judge: Caryn Devins Strickland is an attorney who formerly worked at the Federal Public Defender’s Office (FDO) for the Western District of North Carolina. She alleges that her supervisor sexually harassed her, following which the response of both the Fourth Circuit and the Administrative Office of the United States Courts purportedly violated her due- process and equal-protection rights guaranteed by the Fifth Amendment to the United States Constitution. The district court ruled in favor of the government on all of Strickland’s claims after a bench trial. Strickland now appeals that ruling, as well as the district court’s previous summary- judgment ruling in favor of two of the individually named defendants. For the reasons set forth below, we AFFIRM both district court decisions. We also DENY Strickland’s motion to unseal certain materials that she filed on the appellate docket, as well as her motion for summary reversal of the district court’s decision based on the early withdrawal of her pro bono counsel. I. BACKGROUND The district court’s bench-trial decision included approximately 75 pages of factual findings, which are largely undisputed. See Strickland v. United States, 744 F. Supp. 3d 477 (W.D.N.C. 2024). Rather than fully restate those detailed findings and the extensive procedural history of this case here, we refer to pages 488 to 567 of the district court’s decision. We will, however, briefly summarize the court’s findings, as well as several points of procedural history that are relevant to the issues on appeal. 3 USCA4 Appeal: 24-2056 Doc: 124 Filed: 08/15/2025 Pg: 4 of 51 A. The bench

IN THE INTERMEDIATE COURT OF APPEALS OF WEST VIRGINIA FILED FRANK MAYER, June 27, 2025 Claimant Below, Petitioner ASHLEY N. DEEM, CHIEF DEPUTY CLERK INTERMEDIATE COURT OF APPEALS OF WEST VIRGINIA v.) No. 24-ICA-462 (JCN: 2023021874) CITY OF CLARKSBURG, Employer Below, Respondent MEMORANDUM DECISION Petitioner Frank Mayer appeals the October 30, 2024, order of the Workers’ Compensation Board of Review (“Board”). Respondent City of Clarksburg (“Clarksburg”) filed a response.1 Mr. Mayer did not reply. The issue on appeal is whether the Board erred in affirming the claim administrator’s order, which denied authorization for a right reverse total shoulder arthroplasty. This Court has jurisdiction over this appeal pursuant to West Virginia Code § 51- 11-4 (2024). After considering the parties’ arguments, the record on appeal, and the applicable law, this Court finds no substantial question of law and no prejudicial error. For these reasons, a memorandum decision affirming the Board’s order is appropriate under Rule 21 of the Rules of Appellate Procedure. On May 24, 2023, while employed by Clarksburg, Mr. Mayer was mowing when he slipped and fell, landing with his leg bent underneath him. Mr. Mayer was seen at the United Hospital Center Emergency Room on the date of the injury, with a chief complaint of left knee pain and right shoulder pain. The assessment was a patella fracture and right shoulder strain. Mr. Mayer filed an Employees’ and Physicians’ Report of Occupational Injury dated May 24, 2023, indicating that he suffered an injury to his right shoulder and left leg when he was cutting grass on a hillside, and he fell when the bank gave way. The physician’s portion was signed at United Hospital Center and notes an occupational injury to the right shoulder and left knee. On May 26, 2023, Mr. Mayer was seen by William Dahl, M.D., who assessed a rupture of the left quadricep, a closed fracture of the left patella, and an injury of the right shoulder. Dr. Dahl opined that Mr. Mayer would benefit from surgical fixation of the left 1 Mr. Mayer is represented by J. Thomas Greene, Jr., Esq., and T. Colin Greene, Esq. Clarksburg is represented by James W. Heslep, Esq. 1 quadriceps rupture. The claim administrator issued an order dated May 31, 2023, holding the claim compensable for a strain of muscle, fascia, and tendon involving the right shoulder and upper arm; a strain of the left quadriceps; and a closed fracture of the left patella. Mr. Mayer was seen by Joshua Sykes, M.D., on November 27, 2023, for a follow up subsequent to a left quadriceps repair performed on June 1, 2023. Mr. Mayer reported a constant sharp, burning, and throbbing pain that he rated 5/10, and is worse with activity; that he had numbness and tingling when sitting; that his knee continued to swell; and that he was progressing with physical therapy. On December 28, 2023, Mr. Mayer underwent a CT of his right shoulder, which had the impression of severe acromioclavicular and mild glenohumeral osteoarthritis, retracted tears of the supraspinatus and infraspinatus tendons, a suspected full thickness tear of the superior bundle of the subscapularis, and suspected extensive degenerative labral tearing. On January 23, 2024, Dr. Sykes assessed Mr. Mayer with status post tendon repair, rupture of left quadriceps, and right rotator cuff tear. Dr. Sykes noted that Mr. Mayer has had a work-related shoulder tear for over twenty years that had progressed from his previous MRI. On February 7, 2024, Mr. Mayer was evaluated by Kelly Agnew, M.D. Dr. Agnew noted that Mr. Mayer has a large retracted, irreparable right rotator cuff tear, that was documented in 2003, and that this tear was never repaired. Dr. Agnew opined that there was nothing on the recent CT scan with arthrogram of the right shoulder to suggest an acute injury and that all the changes were chronic. Dr. Agnew further opined that there was no evidence of a lingering strain and that the findings were expected from the chronic rotator cuff disruption. Dr. Agnew found that Mr. Mayer had reached maximum medical improvement from the shoulder and upper arm portion of his injury. Dr. Agnew noted that Mr. Mayer had been offered total shoulder arthroplasty by Dr. Sykes, and he opined that any such treatment would be for the underlying chronic pathology that dates back to 2003; and that arthroplasty could not possibly be ascribed to any identifiable injury involving the right shoulder from May 24, 2023. Mr. Mayer followed u

TENNESSEE BUREAU OF WORKERS’ COMPENSATION CLAIMS IN THE COURT OF WORKERS’ COMPENSATION CLAIMS AT NASHVILLE Macey McGuire, ) Employee, ) Docket No. 2025-60-0654 v. ) TC Restaurant Group, LLC, ) Employer, ) State File No. 2734-2024 Wesco Insurance Company, ) Carrier, ) And ) Troy Haley, as Administrator of the ) Judge Joshua D. Baker Subsequent Injury and Vocational ) Recovery Fund for the State of ) Tennessee. ) EXPEDITED HEARING ORDER (DECISION ON THE RECORD) Ms. McGuire requested a decision based on a review of the record seeking reinstatement of medical treatment and temporary disability benefits for a back injury. Because her authorized treating physician does not believe she suffered a work-related injury, the Court denies her request for benefits at this time. Motions to Strike Before delving into the merits of Ms. McGuire’s request, the Court must address defense counsel’s two motions. Both motions request to strike filings by Ms. McGuire and relate to deadlines established by this Court in its notice docketing this claim for review on the record. The docketing notice listed documents it was considering when reviewing the claim and gave the parties deadlines. Relevant here, the docketing notice said, “On or before July 16, 2025, each party shall file any objections to the admissibility of any document listed above and specifically state the legal basis for the objection.” The notice also gave aa July 23 deadline for filing position statements and stated that the Court will not consider any position statements filed after the deadline.  Just two minutes before midnight on July 17, Ms. McGuire filed objections to portions of the listed documents and followed this up by filing an amended, more detailed, list of objections on July 25. Defense counsel opposed the objections and moved to strike them as untimely. The Court agrees and strikes the objections raised by Ms. McGuire in both her July 17 and July 25 filings. Ms. McGuire did not file her position statement until July 25. She said a serious family emergency prevented her from filing it on time and sent an email to the court clerk detailing the circumstances. The clerk forwarded this to defense counsel the next morning, and defense counsel moved to strike the position statement. Under the circumstances described in her email to the clerk, the Court grants her additional time and accepts the position statement. Claim History On December 22, 2023, Ms. McGuire injured her back at work “bending forward and twisting [her] upper body . . . to retrieve a fallen serving tray.” Initially, TC Restaurant Group provided medical treatment and paid temporary disability benefits. Ms. McGuire selected orthopedic spine surgeon Dr. Mitul Patel from a panel. After an MRI, Dr. Patel diagnosed “acute on chronic low back pain” and suspected a “lumbar strain” with “possible disk bulge [at] L4-L5/L5-S1.” On April 22, 2024, he signed a causation questionnaire in which he agreed the “work accident contribute[d] more than 50% to Ms. McGuire’s current complaints.” When asked if the work incident had caused a permanent aggravation, he circled, “Cannot state.” About a month later, Dr. Patel seemed confused in Ms. McGuire’s medical record about her “diffuse symptoms not only in her back but also the neck and the entire left side of her upper and lower extremities.” He wrote, “She is concerned about these neurologic symptoms. She asks for a neurology referral.” Although Dr. Patel wrote the referral, he expressed some doubt about its necessity by writing, “I am not sure if Workmen’s Compensation will cover this. She has simply had so many symptoms ever since she had this relatively benign work-related injury where she dropped a tray and bent over to pick it up.” In June 2024, defense counsel sent Dr. Patel video surveillance of the work accident and a written account from Ms. McGuire about what happened. Counsel asked Dr. Patel to review both the video and statement and then to respond to a series of questions by marking “yes” or “no.” As evidenced by his responses, Dr. Patel’s opinion on medical causation changed after reviewing the video and statement. He could no longer state with a reasonable degree of medical certainty that Ms. McGuire suffered a lumbar strain or that her disc bulge resulted from the work incident. He also saw no other injury that might have occurred from the incident.