UNITED STATES COURT OF APPEALS
For the Fifth Circuit
No. 00-30215
Summary Calendar
JIMMIE C. HUVAL,
Plaintiff=Appellant,
VERSUS
GULFCOAST TRANSIT CO., doing business as
Teco Transport Co.,
Defendant-Appellee.
Appeal from the United States District Court
For the Western District of Louisiana
(98-CV-2409)
July 18, 2000
Before EMILIO M. GARZA, DeMOSS, and STEWART, Circuit Judges.
PER CURIAM:*
Jimmie C. Huval ("Huval") was employed by Gulfcoast Transit
Company ("Gulfcoast") as a relief captain on vessels operated by
Gulfcoast. On December 23, 1997, Huval was scheduled to meet the
M/V Betty Wood in order to relieve the Mate Brent Wilson. Huval
*
Pursuant to 5TH CIR. R. 47.5, the Court has determined that this
opinion should not be published and is not precedent except under
the limited circumstances set forth in 5TH CIR. R. 47.5.4.
was approximately 50 minutes late for this crew change. After
getting onboard and stowing his gear, Huval had a run-in with
Captain Thomas about his being late. As a result of this argument,
Huval decided to go back ashore and call the port captain to
discuss the situation with the port captain. Captain Thomas
advised Huval that if he left the vessel he would be subject to
losing his job. Huval talked with the port captain in Tampa,
Florida, who advised him that it was more likely that he would lose
his job if he did not return to the vessel. The port captain
scheduled a meeting with Huval for the next day, but Huval did not
attend this meeting. On December 27, 1997, Huval’s employment was
terminated by Gulfcoast effective December 24, 1997, for job
abandonment. Huval filed the instant action on December 23, 1998,
asserting claims under the Jones Act, the Americans with
Disabilities Act, and various state law claims. Gulfcoast moved
for summary judgment on all of the plaintiff’s claims which was
granted by the district court. Huval timely appeals to this Court.
We have carefully reviewed the briefs, the reply brief, the
record excerpts, and relevant portions of the record itself. For
the reasons stated by the district judge in his memorandum ruling
filed under date of January 28, 2000, we AFFIRM the Final Judgment
entered herein on February 2, 2000.
AFFIRMED.
2