Howard v. Sam's E., Inc.

Full title: LESLIE HOWARD v. SAM'S EAST, INC.

Court: UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA MONROE DIVISION

Date published: Nov 30, 2017

CIVIL ACTION NO. 17-0916 (W.D. La. Nov. 30, 2017)

Opinion

CIVIL ACTION NO. 17-0916

11-30-2017

LESLIE HOWARD v. SAM'S EAST, INC.

JUDGE ROBERT G. JAMES

MAG. JUDGE KAREN L. HAYES

JUDGMENT

The Report and Recommendation of the Magistrate Judge having been considered, no objections thereto having been filed, and finding that same is supported by the law and the record in this matter,

IT IS ORDERED that Defendant Sam's East, Inc.'s Rule 12(b)(1) and 12(b)(6) Motion to Dismiss [Doc. No. 7] is GRANTED IN PART AND DENIED IN PART. To the extent that Defendant moves for dismissal of Plaintiff's claims for harassment/hostile work environment and retaliation under Title VII, together with her claims for harassment/hostile work environment under 42 U.S.C. § 1981, the motion is GRANTED, and those claims are DISMISSED WITH PREJUDICE. The motion (including the motion to dismiss for lack of subject matter jurisdiction) is otherwise DENIED.

MONROE, LOUISIANA, this 30^th day of November, 2017.

/s/ _________

ROBERT G. JAMES

UNITED STATES DISTRICT JUDGE