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