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Green v. Louisiana Casino Cruises, Inc., F. Supp. 2d (M.D. La. ) case opinion from the US District Court for the Middle District of Louisiana.


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Samour v. Louisiana Casino Cruises, Inc., So. 2d – list.nordpleyada.ru
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Clinton M. Badon VS Louisiana Casino Cruises, Inc. D/B/A Hollywood Casino of Baton Rouge.


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The casino was originally proposed by Jazz Enterprises, a company formed by several Louisiana and Nevada business people. The casino boat would be docked.


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Louisiana Casino Cruise, Inc. (Casino Rouge) employed Craig Samour as Chief Engineer on board the M-V Casino Rouge. On January


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Louisiana Casino Cruises, Inc., doing business as Casino Rouge, engages in the ownership, operation, and maintenance of riverboat gaming facilities in Baton.


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View Louisiana Casino Cruises, Inc. (list.nordpleyada.ru) location in Louisiana, United States, revenue, industry and description. Find related and similar.


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Louisiana Casino Cruises, Inc., doing business as Casino Rouge, engages in the ownership, operation, and maintenance of riverboat gaming facilities in Baton.


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Louisiana Casino Cruises engages in the ownership, operation, and maintenance of riverboat gaming facilities in Baton Rouge, Louisiana.


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Green v. Louisiana Casino Cruises, Inc., F. Supp. 2d (M.D. La. ) case opinion from the US District Court for the Middle District of Louisiana.


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It is the nature of retaliation claims that they arise after the filing of the EEOC charge. May 20, Law and Analysis Several federal courts of appeals, including the Fifth Circuit, recognize that a plaintiff is not required to exhaust administrative remedies before seeking judicial review of a retaliation claim that grows out of an earlier EEOC charge. In addition, there has never been an allegation in this case that plaintiff's termination was because of or related to her having filed a charge with the EEOC. The Court also notes that a continuing theme in employment discrimination law is the requirement that a Title VII plaintiff exhaust administrative remedies as a condition precedent to a federal district court exercising jurisdiction over such claims. Therefore, the Court finds that ancillary jurisdiction applies to the facts of this case. Thus, Casino Rouge is the only remaining defendant. Shirley, John M. US State Law. Thereafter, plaintiff claims Casino Rouge no longer scheduled her for supervisory shifts. There are two other Fifth Circuit cases that apply ancillary jurisdiction to retaliatory discharge claims Gottlieb v. On March 18, , plaintiff alleges she was subjected to sexual harassment and racial discrimination by her supervisor, Kenneth Stubbs while she was an employee of Casino Rouge. Casino Rouge argues that this Court could only have ancillary jurisdiction over plaintiff's retaliatory discharge claim if it was alleged that her firing was a consequence of, or because of, her filing a charge with the EEOC. In so doing, the Fifth Circuit held "it is unnecessary for a plaintiff to exhaust administrative remedies prior to urging a retaliation claim growing out of an earlier charge; the district court has ancillary jurisdiction to hear such a claim when it grows out of an administrative charge that is properly before the court. See also Gupta v. Other Databases. Casino Rouge questions the Court's jurisdiction over plaintiff's retaliatory discharge claims because the EEOC complaint does not allege plaintiff was terminated from her employment in retaliation for her complaints of sexual and racial harassment. The Court does have jurisdiction over the other discrimination claims that are properly before the Court. On September 10, , plaintiff filed a complaint with the EEOC in which she alleged sexual harassment, race discrimination, and that Casino Rouge had retaliated against her for reporting sexual harassment and racial discrimination claims by not scheduling her for supervisor shifts. Eliminating this needless procedural barrier will deter employers from attempting to discourage employees from exercising their rights under Title VII. The Court acknowledges that other appellate and district court opinions rendered in other circuits do support the arguments made by Casino Rouge. The first charge was based on allegations that the school failed to provide him with summer employment, and the second charge alleged "various acts of retaliation. Adkinson, Scott J. Thus, the Court cannot ignore the unmistakable language included in the three Fifth Circuit opinions discussed above that does not require the limitations on the exercise of ancillary jurisdiction that Casino Rouge suggests are required. Tulane University of Louisiana [17] and Barrow v. Thus, the Court must now decide if ancillary jurisdiction applies to retaliation claims that are "reasonably related" to the initial EEOC charge, or only to claims that are a consequence of, or because of, the initial EEOC charge. Green v. Here, the Court has pending several discrimination claims, all properly before the Court, and the retaliatory discharge claim that is based on the same operative facts that make up the pending discrimination claims. Thus, the Court finds that does have subject matter jurisdiction over plaintiff's retaliatory discharge claim. Find a Lawyer. The Court is not considering the merits of the claim at this time. During oral argument, the Court was concerned that plaintiff's retaliatory discharge claim is based on allegations she was fired by Casino Rouge because of complaints she made to her supervisors while working there, not because she filed an EEOC charge. Legal Marketing.{/INSERTKEYS}{/PARAGRAPH} Law Students. See Barrow, supra at The Court reserves to Casino Rouge the right to file a motion to dismiss plaintiff's retaliatory discharge claim within the time limits set forth in the scheduling order. {PARAGRAPH}{INSERTKEYS}Lambremont, Sr. Both parties concede that the Fifth Circuit recognizes the concept of ancillary jurisdiction, which holds that a plaintiff is not required to exhaust administrative remedies before seeking judicial review of a retaliation claim that grows out of an earlier EEOC charge. This suit was then timely removed to federal court. These supervisory shifts paid more per hour than plaintiff's regular shifts paid. Thus, Casino Rouge argues that this Court has no subject matter jurisdiction over the retaliatory discharge claim. United States District Court, M. On March 13, , plaintiff signed the EEOC Charge of Discrimination that again based her retaliation claim solely on the fact she was not "assigned supervisory shifts" in retaliation for her complaints of sexual harassment and racial discrimination. In supporting its decision that the district court did have ancillary jurisdiction over the retaliatory claim, the Fifth Circuit stated:. Justia Legal Resources. New Orleans S. Several federal courts of appeals, including the Fifth Circuit, recognize that a plaintiff is not required to exhaust administrative remedies before seeking judicial review of a retaliation claim that grows out of an earlier EEOC charge. Plaintiff seeks to have this exception applied to the facts of her case. Plaintiff did not check the box on the EEOC form indicating this charge was a continuing action. See Rec. The Fifth Circuit opinions require this Court to exercise subject matter jurisdiction over a retaliatory discharge claim if the Court would have subject matter jurisdiction over the other discrimination claims. Because the retaliatory discharge claim is based on these pending claims over which the Court has jurisdiction, the Court has ancillary jurisdiction over the retaliatory discharge claim even though plaintiff did not file a complaint with the EEOC on the retaliation claim. Louisiana Casino Cruises, Inc. No reason was given for this treatment. The case cited most to support ancillary jurisdiction in the Fifth Circuit is Gupta v. Collier, Brian C. The Fifth Circuit found it had jurisdiction over the plaintiff's retaliatory discharge claim even though the plaintiff had not exhausted his required administrative remedies with respect to the retaliatory discharge claim. The Court has subject matter jurisdiction pursuant to 28 U. For reasons set forth above, the Court denies Casino Rouge's motion to dismiss the retaliatory discharge claim for lack of jurisdiction. Books A Million, Inc. This matter is before the Court on the motion to dismiss filed by the defendant, Louisiana Casino Cruises, Inc. US Federal Law. Before analyzing the relevant law and its application to the facts of this case, a detailed review of the EEOC proceedings and the facts that coincided with the proceedings is necessary to understand the Court's ruling in this case. Intertwined with this practical reason for our holding is a strong policy justification. East Texas State University, F. East Texas State University. The charge indicated that plaintiff was discharged, but it did not specifically allege that her discharge was retaliatory. Counsel presented oral arguments on the pending motion to dismiss on March 25, During the hearing, the Court ruled that the "scope of the charge" and "relation back" doctrines did not apply as a matter of law under the facts of this case. Although neither the EEOC complaint nor the charge specifically allege retaliatory discharge, plaintiff alleged in Paragraph 8 of her initial petition for damages that she was discharged from Casino Rouge based on untrue charges of insubordination that were a pretext for the harassment, discrimination, and retaliation that the plaintiff had complained of.