May 26, 2015
from the United States District Court for the Western
District of Wisconsin. Nos. 13 CV 00437 and 12 CV 00700 -
Barbara B. Crabb, Judge.
Bauer, Kanne, and Williams, Circuit Judges.
Williams, Circuit Judge.
Arrigo maintained in this lawsuit that she was fired from her
job for taking or requesting leave under the Family and
Medical Leave Act. The jury did not agree, and she appeals.
Arrigo contends that her supervisor's notes from a
meeting he requested before she returned from medical leave
were wrongly excluded from trial. We conclude that the
district court did not abuse its discretion when it found the
notes not relevant to the issues at trial, as Arrigo's
only claim at trial was under the FMLA and the notes do not
suggest displeasure with Arrigo's use of leave. She also
argues that the district court erred when it denied her
motion for leave to amend to add claims under Title VII and
the Americans with Disabilities Act, but she has not shown
good cause for filing the motion after the deadline. Finally,
Arrigo maintains that the district court should not have
dismissed a second lawsuit that she filed which alleged the
same Title VII and ADA claims for which she unsuccessfully
sought leave to amend in the first suit. Allowing the second
lawsuit to proceed would undercut our decision to uphold the
denial of leave to amend to add these very claims. Therefore,
we affirm the judgment of the district court.
Arrigo was a long-time employee of Link Stop, a gas station
and convenience store in northwest Wisconsin owned by David
Link. She first began working there from 1999 to 2002, took a
break for school, and then resumed working in 2004, this time
as Link Stop's bookkeeper. Over time, Arrigo took on
bookkeeping for several of Link's other businesses as
well, including Grandma Link's Restaurant & Lounge,
Ashland Lake Superior Lodge, and Gordon Pines Golf Course.
She also acquired some management responsibilities, and her
duties included paying bills and invoices and generating
monthly financial reports.
Saturday, September 11, 2010, Arrigo suffered a severe
anxiety attack and was taken by ambulance to the emergency
room. Arrigo called Lydia Cook, Link's long-time
assistant, and informed her that she needed a period of
medical leave. Link later told her to take the time she
needed, and Arrigo was paid during her leave. Her doctor
authorized her to return to work on September 27, 2010. When
she called Cook to inform her of her return-to-work date,
Cook told Arrigo to call Link, which she did. He was out of
town and said he wanted to meet with her when he returned and
before she began working.
testified at trial that he asked Arrigo to provide a
return-to-work certification from her doctor before returning
to work. When she failed to do so, he briefly delayed her
return so he could meet with her before she returned to work.
Arrigo and Link met on Friday, October 8, 2010. Link took
handwritten notes during the meeting, which he titled
"10/8/10 Leave of Absence Medical Review." During
the meeting, Link asked Arrigo for details about her
condition, diagnosis, and treatment. Arrigo answered his
questions and divulged information including that she had
been prescribed medications and ordered to attend counseling.
Link's handwritten notes from the meeting state:
10-8-10 Leave of Absence Medical Review
Marylee -Hospital Sept. 11th Doctor
-known since April/Doctor says one year
Anixity [sic] issue
-Panic attack - cold/sick/electric feeling
-Saratonin [sic] lacking (mood chemical) - chemical
-Treating with - 'Paxil Drug'
-Former Zantax drug - (not for two weeks) - very
Today feels normal
Exhausted - 12hrs/day/7 days a week
-Learn to relax - like her father - brain does not shut
-Sleeping issues for five years
-Kelly's mother's death
-Paxil working quickly
-Released to go back to work
-Physical therapy - every three weeks - 'or as