James C. Bothwell v. RMC Ewell, Inc. , 226 F. App'x 925 ( 2007 )

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
FILED
_________________________ U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
APR 3, 2007
No. 06-13950
THOMAS K. KAHN
_________________________
CLERK
D. C. Docket No. 04-01270-CV-T-17-MSS
JAMES C. BOTHWELL,
Plaintiff-Appellant,
versus
RMC EWELL, INC., a Florida corporation,
RMC INDUSTRIES CORP., a
Delaware corporation,
Defendants-Appellees.
----------------------------------
Appeal from the United States District Court
for the Middle District of Florida
---------------------------------
(April 3, 2007)
Before CARNES, WILSON and HILL, Circuit Judges.
PER CURIAM:
In deciding to enter summary judgment in favor of the defendant on the
Title VII retaliation claim, the district court applied our circuit law requiring that
the plaintiff establish an adverse employment action as an element of such a claim.
Since then the Supreme Court has issued its decision in Burlington Northern &
Santa Fe v. White, 126 S.Ct. 2405 (2006), which changes the law that must be
applied in this circuit. Without implying how the issue should be decided, we
think it best to allow the district court in the first instance to address the Title VII
retaliation claim in light of the Burlington Northern decision.
If there is an appeal after this remand, we leave it to the parties whether they
file in this Court in connection with that new appeal entirely new briefs to replace
the ones we already have, or instead file supplemental briefs to be considered in
addition to the briefs already on file.
Accordingly, the judgment in this case is VACATED in its entirety and the
case is REMANDED with instructions that the district court should reconsider its
decision of the Title VII retaliation claim in light of Burlington Northern & Santa
Fe v. White, 126 S.Ct. 2405 (2006).
2