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15-7183 - O'Neal et al v. Cargill Inc


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15-7183 - O'Neal et al v. Cargill Inc
April 12, 2016
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ORDER & REASONS on Cargill's 6 Motion to Dismiss for Failure to State a Claim, Motion for Award of Damages, Attorneys' Fees, and Costs, or, Alternatively, Motion to Sever for Improper Joinder of Plaintiffs. ORDERED that dft's mtn is converted to a mtn for sum jgm as to O'Neal's claims only. FURTHER ORDERED that dft's mtn is GRANTED IN PART AND DENIED IN PART. ORDERED that Cargill's mtn for sum jgm is GRANTED IN PART & O'Neal's claims under Title VII & the LA Employment Discrimination Law are DISMISSED w/prej. FURTHER ORDERED that the mtn is GRANTED IN PART & Melancon's claims under LA Employment Discrimination Law are DISMISSED w/prej. FURTHER ORDERED that the mtn is GRANTED IN PART as to Cargill's request to sever claims of the (2) plas. The Clerk is directed to sever the claims of Demon Melancon & open a new civil action for him. In all other respects, the mtn is DENIED. O'Neal's claims remaining for trial at this time are his claims for retaliation, race discrimination & hostile work environment under 42§1981. Melancon's claims remaining for trial at this time are his claims for retaliation, race discrimination & hostile work environment under Title VII & 42§1981.. Signed by Magistrate Judge Joseph C. Wilkinson, Jr on 4/11/2016. (bbc)
December 22, 2016
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ORDER AND REASONS: For all of the foregoing reasons, IT IS ORDERED that plaintiff's 25 MOTION to Continue Trial is DENIED, Cargill's 18 Motion for Summary Judgment is GRANTED and and O'Neal's claims under 42 U.S.C. § 1981 are DISMISSED WITH PREJUDICE, plaintiff to bear all costs. Judgment will be separately entered. Signed by Magistrate Judge Joseph C. Wilkinson, Jr on 12/22/2016. (cms)
February 8, 2017
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ORDER DENYING 36 Motion for New Trial. Signed by Magistrate Judge Joseph C. Wilkinson, Jr on 2/8/2017. (my)