Howard v Sams East Inc

Filing 21

JUDGMENT ADOPTING 18 Report and Recommendation of the Magistrate Judge, granting in part and denying in part 7 12(b)(1) AND 12(B)(6) Motions to Dismiss. To the extent that Defendant moves for dismissal of Plaintiffs claims for harassment/host ile work environment and retaliation under Title VII, together with her claims for harassment/hostile work environment under 42 U.S.C. § 1981, the motion is GRANTED, and those claims are DISMISSED WITH PREJUDICE. The motion (including the motion to dismiss for lack of subject matter jurisdiction) is otherwise DENIED. Signed by Judge Robert G James on 11/30/2017. (crt,Crawford, A)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
MONROE DIVISION
LESLIE HOWARD

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CIVIL ACTION NO. 17-0916

VERSUS

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JUDGE ROBERT G. JAMES

SAM’S EAST, INC.

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MAG. JUDGE KAREN L. HAYES

JUDGMENT
The Report and Recommendation of the Magistrate Judge having been considered, no
objections thereto having been filed, and finding that same is supported by the law and the record
in this matter,
IT IS ORDERED that Defendant Sam’s East, Inc.’s Rule 12(b)(1) and 12(b)(6) Motion
to Dismiss [Doc. No. 7] is GRANTED IN PART AND DENIED IN PART. To the extent that
Defendant moves for dismissal of Plaintiff’s claims for harassment/hostile work environment and
retaliation under Title VII, together with her claims for harassment/hostile work environment
under 42 U.S.C. § 1981, the motion is GRANTED, and those claims are DISMISSED WITH
PREJUDICE. The motion (including the motion to dismiss for lack of subject matter
jurisdiction) is otherwise DENIED.
MONROE, LOUISIANA, this 30th day of November, 2017.