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14-2814 - Thomas v. Tangipahoa Parish School Board et al


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14-2814 - Thomas v. Tangipahoa Parish School Board et al
December 21, 2015
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ORDER AND REASONS GRANTING IN PART AND DENYING IN PART 11 Partial Motion to Dismiss for Failure to State a Claim; Motion for Partial Summary Judgment. IT IS ORDERED that defendants' partial motion to dismiss is GRANTED IN PART in that plaintiff's claims of race discrimination against Kolwe in his official capacity under Sections 1981 and 1983 and against Kolwe in his individual and official capacities under the Louisiana Employment Discrimination Law and Title VII are DISMISSED WITH PREJUDICE. In all other respects, the motion is DENIED. Plaintiffs claims remaining for trial at this time, in the absence of any properly submitted motion to amend, are against Kolwe in his individual capacity for race discrimination under Sections 1981 and 1983, and against the Board for race discrimination under Title VII, Sections 1981 and 1983, and the Louisiana Employment Discrimination Law.Signed by Magistrate Judge Joseph C. Wilkinson, Jr on 12/21/2015. (my)
June 29, 2016
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ORDER AND REASONS re 28 MOTION in Limine seeking Adverse Presumption based on Spoliation or alternatively Motion for Sanction of Adverse Presumption based on Spoliation. The court cannot conclude that the file was intentionally destroyed for the purpose of hiding adverse evidence. Accordingly, plaintiffs motion is denied. Signed by Magistrate Judge Joseph C. Wilkinson, Jr.(mmv)