Hamilton v. Storer Equipment Co Ltd

Filing 31

MEMORANDUM RULING granting in part and denying in part 27 MOTION for Summary Judgment. Telephone status conference is set for 6/26/2018 at 1:30 p.m. Counsel for Defendant shall initiate the call. All trial counsel must participate. Signed by Judge Elizabeth E Foote on 6/18/2018. (crt,Keifer, K)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA SHREVEPORT DIVISION EDDY L. HAMILTON CIVIL ACTION NO. 17-cv-202 VERSUS JUDGE ELIZABETH ERNY FOOTE STORER EQUIPMENT CO., LTD. MAGISTRATE JUDGE HORNSBY MEMORANDUM RULING Plaintiff Eddy Hamilton ("Hamilton") has raised Title VII claims against his former employer, Storer Equipment Co., Ltd., alleging that his termination was racially motivated and that Defendant provided negative references to prospective employers in retaliation for Hamilton's charge with the Equal Employment Opportunity Commission ("EEOC"). [Record Document 1]. Defendant has moved for summary judgment on all claims. [Record Document 27]. Because the record, when read most favorably to Hamilton, reveals open questions of material fact regarding Defendant's motivation, the motion is DENIED as to Hamilton's discriminatory termination claim, but GRANTED as to the retaliation claim. I. Background Defendant is a company engaged in the sale, installation, and maintenance of heating, ventilation, and air conditioning ("HVAC") products. [Record Document 27-6 at 1]. On the basis of his years of experience in accounting positions and three interviews, Hamilton was hired by Defendant as an Accounting Specialist in January 2013. [Record Document 27-4 at 9-12]. At Defendant's instruction, he completed a behavioral assessment prior to being hired. [Id. at 1 III. Conclusion For the reasons given above, Defendant's motion for summary judgment [Record Document 27] is GRANTED IN PART and DENIED IN PART. The motion is GRANTED as to Hamilton's retaliation claim, but DENIED as to his discriminatory termination claim. IT IS ORDERED that Hamilton's retaliation claim 1s DISMISSED WITH PREJUDICE. IT IS FURTHER ORDERED that a telephone status conference is set for Tuesday, June 26, 2018 at 1:30 p.m. to discuss the scheduling of the pretrial conference and the trial. The Court has a conflict with the existing pretrial date, and a four-week criminal trial is set to begin the week before trial in this matter is set. Counsel for Defendant shall initiate the call, and all trial counsel must participate. The use of cell phones is prohibited. THUS DONE AND SIGNED in Shreveport, Louisiana, on this 1..$..Mday of tjG 1:)( , 201s. ELIZABET 17 FOOTE !STRICT JUDGE

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