U.S District Court, Middle District of Florida

(50)ELLIOT BOOSE vs. SEMPERIAN, LLC and GENERAL MOTORS ACCEPTANCE CORP. (U.S. District Court, Middle District of Florida, Jacksonville Division)

COUNTY/DOCKET #/JUDGE: Duval / 3:06-cv-1063 / Henry L. Adams, Jr.

PLAINTIFF(S) ATTORNEY(S): Pro Se

DEFENDANT(S) ATTORNEY(S): Adrienne L. Conrad of McGuire Woods, LLP, Jacksonville; Curtis L. Mack and Brennan W. Bolt of McGuire Woods, LLP, Atlanta, GA

AGE/SEX/OCCUPATION OF PLAINTIFF: n/a / M / Collections Representative

CAUSE OF INJURY: Employment/Termination/Sexual Orientation, Racial, and Religious Discrimination. Plaintiff was employed by Defendant GMAC and worked in its Atlanta facility from January 17, 2005 until July 31, 2005. Defendant claimed that when GMAC’s Atlanta facility closed in July 2005, Plaintiff’s employment with GMAC ended and Plaintiff was hired by Defendant Semperian, a wholly owned subsidiary of GMAC, to work in Jacksonville beginning August 1, 2005. Semperian terminated Plaintiff’s employment on October 25, 2007. Plaintiff alleged that Defendants wrongfully terminated his employment after he complained to Defendant’s Human Resources of management and employee bias against Plaintiff’s sexuality, race, and religion. Plaintiff claimed that Defendant’s management and employees became aware that he was an atheist and studied astrology when he was acknowledged nationally after motivating Bankable Productions CEO of “America’s Next Top Model” to depict models as celestial beings in the galaxy. Plaintiff was asked by Atlanta Vice President Christian Fredericks for ideas after this depiction, which resulted in Plaintiff developing the GM Gas Card promotion. Plaintiff claimed that he was terminated from his employment when the GM Gas Card promotion was implemented. Plaintiff asserted that had he been a white, heterosexual, Believer in God and not practiced astrology, he would have been paid for his promotion as promised, remained employed, and advanced quickly to an executive level based on the documented success of his concept. Plaintiff alleged that Defendant’s management harassed him intentionally, intentionally gave him a double work-load, did not advise Plaintiff to report management’s actions of sexual and verbal harassment to Human Resources, and intentionally uprooted him from Atlanta where had lived for seven years just to terminate him once he relocated to Jacksonville. Defendant claimed that like all new GMAC employees, Plaintiff was placed on a probationary twelve month orientation and development period during which he received on-the-job training and consultation. Defendant further claimed that because of numerous customer complaints and Plaintiff’s unwillingness to follow management direction, Plaintiff required close supervision during his tenure with Semperian and its predecessor, GMAC. Defendant claimed that Plaintiff was counseled on multiple occasions regarding customer service, peer relationships, and his refusal to accept management instruction. Defendant claimed that because Plaintiff’s performance did not improve during his probationary period, Semperian terminated his employment.

NATURE OF INJURY: Loss of employment; emotional distress; weight loss and stresses during and after employment.

EXPERT WITNESSES: n/a

JUDGMENT: For the Defendants on April 23, 2008 (summary judgment).

EDITOR'S NOTE: Defendant’s post-trial Motion for Taxation of Costs is pending.