Fred E. TETRO, Jr., Plaintiff-Appellant, v. ELLIOTT POPHAM PONTIAC, OLDSMOBILE, BUICK, AND GMC TRUCKS, INC., Defendant-Appellee

GILMAN, Circuit Judge.

Fred E. Tetro, a Caucasian male, claims that Elliott Popham Pontiac, Oldsmobile, Buick and GMC Trucks, Inc. (the “dealership”) discriminated against him because he has a biracial child. The district court denied the dealership’s motion for summary judgment on Tetro’s racial discrimination claim, but subsequently dismissed Tetro’s action with prejudice due to his counsel’s failure to appear and prepare for the final pretrial conference. For the reasons set forth below, we REVERSE the district court’s dismissal of Tetro’s action, AFFIRM its denial of summary judgment to…