Eugene Cavicchi v. Homeland Security Secretary ( 2008 )

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FILED
FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS
________________________ ELEVENTH CIRCUIT
OCT 22, 2008
No. 07-15939 THOMAS K. KAHN
________________________ CLERK
D.C. Docket No. 03-21764-CV-FAM
EUGENE CAVICCHI,
Plaintiff-Appellant,
versus
HOMELAND SECURITY SECRETARY,
Michael Chertoff and the United States Department of
Homeland Security by and through The Bureau of Customs and
Border Protection,
Defendant-Appellee.
________________________
Appeal from the United States District Court
for the Southern District of Florida
_________________________
(October 22, 2008)
Before TJOFLAT and CARNES, Circuit Judges, and THRASH,* District Judge.
*
Honorable Thomas W. Thrash, United States District Judge for the Northern District of
Georgia, sitting by designation.
PER CURIAM:
This case is here after limited remand from this Court so that the district
court could apply the standard set out in the intervening decision in Burlington
Northern & Sante Fe Railway Co. v. White, 548 U.S. 53, 126 S. Ct. 2405 (2006).
On remand, the district court applied the Burlington Northern standard and, once
again, entered summary judgment against Eugene Cavicchi and in favor of his
former employer, the Department of Homeland Security, formerly the United
States Customs Service.
After studying the briefs, considering the pertinent parts of the record, and
listening carefully to oral argument, we conclude that the district court did not err
in its application of the Burlington Northern standard. As for Cavicchi’s
complaints about the way the lawsuit was handled in the district court on remand,
there was no abuse of discretion in regard to any of the procedural rulings or
matters he has raised.
AFFIRMED.
2