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14-2181 - McNealy v. Becnel et al


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14-2181 - McNealy v. Becnel et al
May 29, 2015
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5/29/2015. (bwn) Modified on 10/22/2015 to edit docket text (bwn).ORDER AND REASONS - IT IS ORDERED that the motions to dismiss filed by Defendant Darryl J. Becnel 5; Defendants United Steel, Paper, and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, Local Union 750 and Union President Marty Poche 6; and Defendants Motiva Enterprises, LLC and Shell Chemical LP 27, are DENIED WITHOUT PREJUDICE. IT IS FURTHER ORDERED that Plaintiff is to file an Amended Complaint in accordance with the Courts instructions by June 29, 2015. Plaintiff shall properly serve all Defendants by August 28, 2015. IT IS FURTHER ORDERED that Plaintiffs 11 motion to submit evidence of manipulation and harassment under Rule 11(b)(1)(4) is DENIED. Signed by Judge Susie Morgan on
March 22, 2016
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ORDER AND REASONS re 167 Motion to Dismiss. Plaintiffs claims against the Becnel Defendants are hereby DISMISSED WITH PREJUDICE, and the Becnel Defendants are dismissed as defendants in this action. Signed by Judge Susie Morgan on 3/22/2016. (bwn)
October 17, 2016
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ORDER AND REASONS - IT IS ORDERED that the pending dispositive motions filed by the Defendants are GRANTED IN PART and DEFERRED IN PART. IT IS FURTHER ORDERED that McNealys federal claims against USW International and the Local Union under 42 U.S.C. Section 301; 42 U.S.C. § 1985(3); 42 U.S.C. § 1986; and 29 U.S.C. § 141 are DEFERRED and converted to motions for summary judgment. IT IS FURTHER ORDERED that McNealys federal claims against USW International and the Local Union under 42 U.S.C. § 1985(2) and 29 U.S.C. § 151 are DISMISSED WITH PREJUDICE. IT IS FURTHER ORDERED that McNealys federal claims against Motiva and the Shell Defendants under 42 U.S.C. § 1985(2); 29 U.S.C. § 1001 and 1132; 29 U.S.C. § 151; and Article III, Section 2, Clause 1 of the United States Constitution are DISMISSED WITH PREJUDICE. McNealys Title VII and ADA claims against Motiva and the Shell Defendants are DISMISSED WITHOUT PREJUDICE for failure to exhaust administrative remedies. McNealys claims under 42 U.S.C. § 1981; 42 U.S.C. § 1985(3); 42 U.S.C. § 1986; and 42 U.S.C. § 141 are DEFERRED and converted to motions for summary judgment. IT IS FURTHER ORDERED that McNealys federal claims against Saudi Refining, Inc., under 42 U.S.C. § 1981 and 42 U.S.C. § 1985(2) and (3) are DISMISSED WITH PREJUDICE. IT IS FURTHER ORDERED that McNealys federal claims against the EEOC under the First and Fifth Amendments to the United States Constitution and the Federal Tort Claims Act are DISMISSED WITH PREJUDICE for lack of subject matter jurisdiction. IT IS FURTHER ORDERED that McNealys federal claim against Met-Life under 29 U.S.C. § 1001 is DISMISSED WITH PREJUDICE for failure to exhaust administrative remedies. IT IS FURTHER ORDERED that the Court DEFERS ruling on McNealys state law claims until after its rulings on the motions for summary judgment filed in accordance with the Courts scheduling order. Signed by Judge Susie Morgan. (bwn)
October 27, 2016
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ORDER AND REASONS denying Plaintiff's 241 Notice of Objection to 237 Order and Reasons re 117, 118, and 121 Motions to Dismiss for Failure to State a Claim; 138 Motion for Summary judgment; 146 Motion to Dismiss for Lack of Jurisdiction; 210 First Motion for Summary Judgment Dismissing Plaintiff's Claims; 215 and 216 Amended Motions to Dismiss. Signed by Judge Susie Morgan.(bwn)
November 1, 2016
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ORDER AND REASONS granting 238 Motion for Clarification. IT IS FURTHER ORDERED that Plaintiffs federal and state law tort claims as to the Federal Defendant are hereby DISMISSED without prejudice for lack of subject matter jurisdiction. Signed by Judge Susie Morgan on 11/1/2016. (cg)
November 16, 2016
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ORDER AND REASONS denying 252 Motion to Vacate/Set Aside 237 Ruling dated October 17, 2016, as per herein. Signed by Judge Susie Morgan on 11/16/2016. (cg) Modified on 11/30/2016 (tsf).
November 17, 2016
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ORDER AND REASONS granting 247 Motion for Reconsideration of 237 Ruling dated October 17, 2016 as per herein. IT IS FURTHER ORDERED that MetLife's 210 First motion for summary judgment Dismissing Plaintiff's Claims for Failure to Exhaust His Administrative Remedies is GRANTED and all claims against MetLife are hereby DISMISSED WITH PREJUDICE. Signed by Judge Susie Morgan on 11/17/2016. (cg)
November 17, 2016
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ORDER AND REASONS granting 257 Motion for Reconsideration and 258 Motion for Reconsideration of 237 Ruling dated October 17, 2016, as per herein. IT IS FURTHER ORDERED that Plaintiff's state law breach of contract and tort claims against Local Union and USW International are hereby DISMISSED as these claims are preempted by Section 301 of the Labor Management Relations Act. IT IS FURTHER ORDERED that Local Union and USW International's motions to dismiss are GRANTED IN PART to the extent Local Union and USW International moved to dismiss Plaintiff's state law breach of contract and tort claims. Signed by Judge Susie Morgan on 11/17/2016. (cg) Modified on 11/30/2016 (tsf).
May 26, 2017
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ORDER AND REASONS granting 277 Motion for Summary Judgment; granting 280 Motion for Summary Judgment, all claims against the Local Union and USW International are hereby DISMISSED WITH PREJUDICE. FURTHER ORDERED that the Local Union's and USW International's requests for attorney's fees is DENIED. Signed by Judge Susie Morgan on 5/26/2017. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2) (clc)
June 5, 2017
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ORDER AND REASONS: ORDERED that 275 Motivas and the 278, 279 Shell Defendants' Motions for Summary Judgment dismissing all of Plaintiff's claims with prejudice is GRANTED IN PART and DENIED IN PART. The Defendants' Motions for Summary Judgment are granted with respect to Plaintiff's federal claims. The Defendants' motions are denied to the extent the Defendants request that Plaintiff's state law claims be dismissed with prejudice. FURTHER ORDERED that Plaintiff's Section 1981, 1985(2) and (3), 1986, and 141 claims are hereby DISMISSED WITH PREJUDICE. FURTHER ORDERED that Plaintiff's state law claims are DISMISSED WITHOUT PREJUDICE pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure. Signed by Judge Susie Morgan on 6/5/2017. (clc)
June 5, 2017
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ORDER denying 276 Motion for Summary Judgment. FURTHER ORDERED that Plaintiff's state law claims against Saudi Refining are DISMISSED WITHOUT PREJUDICE pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure. Signed by Judge Susie Morgan on 6/5/2017. (clc)