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Shaw v. Helix Energy Sols. Grp. Inc.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION
Aug 2, 2019
CIVIL ACTION NO. 4:18-CV-3200 (S.D. Tex. Aug. 2, 2019)

Opinion

CIVIL ACTION NO. 4:18-CV-3200

08-02-2019

FABIAN SHAW, et al, Plaintiffs, v. HELIX ENERGY SOLUTIONS GROUP INC., Defendant.


ORDER ADOPTING MEMORANDUM AND RECOMMENDATION

Pending before the Court in the above referenced proceeding is Defendant's Motion for Dismissal of Class Action Claim and Certain Other Claims in Plaintiffs' First Amended Class Action Complaint (Doc. No. 15); Plaintiffs' response (Doc. No. 21); Defendant's Reply (Doc. No. 22); Magistrate Judge Stacy's Memorandum and Recommendation (Doc. No. 28); and Plaintiff's Objection to Memorandum and Recommendation Regarding Plaintiffs' Disparate Impact Claim (Doc. No. 31).

The Court has reviewed the case, de novo, and agrees with the Magistrate Judge's conclusion that Defendant's Motion should be granted in part. Accordingly, is it hereby

ORDERED that the Memorandum and Recommendation (Doc. No. 28) is ADOPTED; and Defendant's Motion for Dismissal of Class Action Claim and Certain Other Claims in Plaintiffs' First Amended Class Action Complaint (Doc. No. 15) is GRANTED IN PART. It is further

ORDERED that, pursuant to Rule 12(b)(6) for failure to state a claim, Plaintiffs' class action claim; Shaw's disparate treatment and hostile work environment claims under Title VII based on conduct that occurred prior to November 18, 2016; and, Kwabena's disparate treatment and hostile work environment claims under Title VII based on conduct that occurred prior to November 15, 2016 are DISMISSED WITH PREJUDICE. Defendant's objection concerning the disparate impact claims are OVERRULED without prejudice to being reasserted pursuant to Rule 56 FED.R.CIV.P.

SIGNED at Houston, Texas, this 2nd day of August, 2019.

/s/_________

ANDREW S. HANEN

UNITED STATES DISTRICT JUDGE


Summaries of

Shaw v. Helix Energy Sols. Grp. Inc.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION
Aug 2, 2019
CIVIL ACTION NO. 4:18-CV-3200 (S.D. Tex. Aug. 2, 2019)
Case details for

Shaw v. Helix Energy Sols. Grp. Inc.

Case Details

Full title:FABIAN SHAW, et al, Plaintiffs, v. HELIX ENERGY SOLUTIONS GROUP INC.…

Court:UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION

Date published: Aug 2, 2019

Citations

CIVIL ACTION NO. 4:18-CV-3200 (S.D. Tex. Aug. 2, 2019)