Tonkin v. Shadow Management Inc

Filing 118

ORDER denying 115 Plaintiff's Motion to Amend or Alter 114 Judgment or for New Trial. Signed by Honorable Joseph F. Anderson, Jr. on 10/09/2014.(bshr, )

IN THE UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
COLUMBIA DIVISION
Jordan M. Tonkin

C/A No. 3:12-cv-0198-JFA

Plaintiff,
vs.

ORDER

Shadow Management, Inc. d/b/a Platinum Plus,
Defendant.

Jordan M. Tonkin (“Plaintiff”) brought this case against Shadow Management, Inc. d/b/a/
Platinum Plus (“Defendant”) for employment discrimination under Title VII of the Civil Rights Act
of 1964, 42 U.S.C. § 2000e et seq. On June 16, 2014, this case was tried before a jury. At the
conclusion of trial, the jury returned a verdict for Defendant on the discrimination claim and for the
Plaintiff on the retaliation claim.

Subsequently, Defendant filed a post-trial motion seeking

dismissal of Plaintiff’s retaliation claim for lack of subject matter jurisdiction pursuant to Rule
12(b)(1) of the Federal Rules of Civil Procedure, judgment as a matter of law per Rule 50, and to
alter or amend judgment under Rule 59(e). (ECF No. 105). This Court granted Defendant’s motion
to dismiss for lack of subject matter jurisdiction, finding that Plaintiff’s failure to exhaust her
administrative remedies divested the Court of jurisdiction over her retaliation claim. (ECF No. 113).
This matter is now before the Court on Plaintiff’s Motion to Amend or Alter Judgment or for
New Trial, as it relates to the Court’s post-trial order (ECF No. 115). The Court has carefully
reviewed the briefs submitted by the parties, as well as the applicable case law, and finds no basis for
disturbing its prior ruling. Therefore, Plaintiff’s motion is hereby DENIED.
IT IS SO ORDERED.

October 9, 2014
Columbia, South Carolina

Joseph F. Anderson, Jr.
United States District Judge
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