IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA

NORTHERN DIVISION

MAXIE MCNABB, )

)

Plaintiff ) CIVIL ACTION NO: 

) 2:06-0664-MHT

v. )

)

SANDERS LEAD COMPANY, INC. )

)

Defendant. )

PLAINTIFF’S SECOND SUPPLEMENTAL 

EVIDENTIARY SUBMISSION

Comes Now, the Plaintiff, Maxie McNabb, in accordance with the Court’s

Order allowing the Plaintiff to submit supplemental evidence in support of Plaintiff’s

Memorandum in Opposition to Defendant’s Motion for Summary Judgment. The

Plaintiff would show unto the Court as follows:

1. Supplemental Exhibit 1-Disciplinary records for Edward Meadows. The

Defendant alleges that the Plaintiff was laid off and not rehired because he had

discipline problems, poor work ethic and unsatisfactory production. However, these

documents prove that Meadows, who was laid off for these same reasons and was

twenty-five years old (25), was rehired at least by April 8, 2006. Moreover, it appears

that between April 8, 2006 and August 10, 2006 Meadows may have been fired and

rehired again as the disciplinary action form states “unexcused absence only been

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working 2 weeks (1 day absent).” After the August 10, 2006 disciplinary action,

Meadows was cited for unexcused absences and missing work on seven different

occasions. This evidence shows that the Defendant was more than willing to rehire

individuals under the age of forty who possessed less than stellar work records.

2. Supplemental Exhibit 2-Disciplinary records for Randolph Harley. Randolph

Harley states in his application, dated April 4, 2006, that he had been fired by the

Defendant for misconduct in November 2005. (See Pl.’s Ex. 20). Harley was

approximately twenty-years old (20) when he reapplied. The Defendant rehired

Harley in April 2006 and thereafter he proceeded to receive seven (7) disciplinary

actions up until his termination on September 18, 2006 for being tardy fourteen days

(14) in one month and a half and for smoking. Again this evidence shows that the

Defendant was more than willing to rehire individuals under the age of forty who

possessed less than stellar work records. 

It is abundantly clear that disciplinary action is not a bar to employment for

younger employees. Therefore, it should not have precluded McNabb from being

rehired. Based on the foregoing, and the brief and evidentiary submission already on

record in this case, summary judgment is due to be denied.

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Respectfully submitted,

/s/Roderick T. Cooks

Attorney for the Plaintiff

OF COUNSEL:

WINSTON COOKS, LLC

The Penick Building

319-17th Street North

Birmingham, AL 35203

Tel: (205)502-0970

Fax: (205)251-0231

email: rcooks@winstoncooks.com

CERTIFICATE OF SERVICE

I hereby certify that I have served a copy of the foregoing document on all

persons listed below by CMF/Electronic Mail and/or U. S. Mail, postage prepaid and

addressed to them as follows:

Matthew M. Baker, Esq.

Cervera, Ralph & Reeves, LLC

P.O. Box 325

914 South Brundidge Street

Troy, Alabama 36081

(334) 566-0116

Done this the 23rd day of July, 2007.

s/Roderick T. Cooks

Of Counsel 

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