Morgan Jr v. Barber Examiners, et al

Filing 21

ORDER denying 20 Motion to Alter Judgment; denying 20 Motion for Relief From Judgment. Signed by Judge S Maurice Hicks on 7/29/2014. (crt,Dauterive, C)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
SHREVEPORT DIVISION
WALTER MORGAN, JR.

CIVIL ACTION NO. 13-CV-0958

VERSUS

JUDGE S. MAURICE HICKS, JR.

LA STATE BOARD OF BARBER
EXAMINERS, ET AL.

MAGISTRATE JUDGE HORNSBY

ORDER
Before the Court is a “Motion and Memorandum in Support of Motion to Alter or
Amend Judgment and Motion for Relief from Judgement” (sic) filed by the Plaintiff, Walter
Morgan, Jr (“Morgan”). (Record Document 20). Morgan requests the Court: (1) amend its
June 3, 2014 Memorandum Ruling and Order to “reflect the preservation of all of the
Petitioner’s claims against the Louisiana State Board of Barber Examiners, and that all of
the Petitioner’s claims for Harassment and Hostile Work Environment/Retaliation against
Local 496 and The Association are preserved;” (2) order Petitioner to amend his Complaint
to show remuneration and total benefits received as a result of his position as a Board
member in this case; and (3) vacate the June 3, 2014 Memorandum Ruling and Order and
reinstate all of the Petitioners claims against all Defendants.
The Court finds no need to amend its June 3, 2014 Memorandum Ruling and Order
regarding the preservation of the Petitioner’s claims against the Louisiana State Board of
Barber Examiners (“The Board”). The Board did not file a Motion to Dismiss and therefore
the claims against it remain. It is also unnecessary to amend the Order regarding
Petitioner’s alleged claims of Harassment and Hostile Work Environment/Retaliation
against Local 496 and The Association. As written in the Court’s Memorandum Ruling on
this issue (Rec. Doc. 18), the facts plead by Morgan simply do not show an adverse

employment action as required for all Title VII claims. Therefore this request for the Court
to amend its Memorandum Ruling and Order is DENIED.
Petitioner next requests the Court give “relief from the June 3, 2014 Memorandum
Ruling and Order, an (sic) Order[ ] to amend his Complaint to show remuneration and total
benefits received as a result of his position as a Board member in this case.” This request
is DENIED.
Finally, the Plaintiff requests the Order granting the Motion to Dismiss filed by Local
496 and the Association be vacated. For the reasons provided in the Court’s Memorandum
Order (Rec. Doc. 18), dismissal of Morgan’s Title VII claims under Rule 12(b)(6) is
appropriate. Therefore, Petitioner’s request is DENIED.
THUS DONE AND SIGNED in Shreveport, Louisiana this 29th day of July, 2014.