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15-347 - Desrameaux v. Delta Airlines Inc.


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15-347 - Desrameaux v. Delta Airlines Inc.
March 8, 2018
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MEMORANDUM AND ORDER: For the foregoing reasons, the Court DENIES Desrameaux's request to reopen discovery and DENIES her application to supplement the summary judgment record. The Court GRANTS IN PART and DENIES IN PART Delta's summary judgment motion. The Court grants summary judgment with respect to Desrameaux's tort claims. The Court also grants summary judgment with respect to the breach of contract claim premised on her removal from her December 15, 2011, flight. However, the Court denies summary judgment as to the breach of contract claim related to the treatment of Desrameaux's carry-on luggage. The Court also GRANTS Desrameaux LEAVE TO AMEND her Complaint and add only the § 1981 claim related to the luggage treatment. The Court DIRECTS her to file the Amended Complaint no later than April 5, 2018. If Desrameaux fails to amend the Complaint, then she may not pursue the § 1981 claim in this action. In addition, the Court invites Desrameaux to file a request for pro bono counsel no later than April 5, 2018. Finally, the Court ORDERS the parties to file a proposed joint pretrial order no later than April 26, 2018. The Court respectfully REFERS the proposed order to Magistrate Judge Scanlon for review. Ordered by Judge Carol Bagley Amon on 3/8/2018. (Fernandez, Erica)