McNealy v. Becnel et al
Plaintiff: Newton McNealy
Defendant: Darryl J. Becnel, Shell Chemical Co IP, Motiva Enterprises LLC, United Steel Workers Union, George Kestler, Matt Louque, Pat Meche, David Mendel, Perry Montz, Brandon Dufrene and Marty Poche
Case Number: 2:2014cv02181
Filed: September 22, 2014
Court: US District Court for the Eastern District of Louisiana
Office: New Orleans Office
County: Ascension
Presiding Judge: Susie Morgan
Presiding Judge: Joseph C. Wilkinson
Nature of Suit: Other Civil Rights
Cause of Action: 00:0000
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
June 5, 2017 Opinion or Order Filing 344 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)
November 17, 2016 Opinion or Order Filing 265 ORDER AND REASONS granting 257 Motion for Reconsideration ; granting 258 Motion for Reconsideration as per herein. IT IS FURTHER ORDERED that Plaintiffs 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 Internationals motions to dismiss are GRANTED IN PART to the extent Local Union and USW International moved to dismiss Plaintiffs state law breach of contract and tort claims. Signed by Judge Susie Morgan on 11/17/2016. (cg)
November 16, 2016 Opinion or Order Filing 263 ORDER AND REASON denying 252 Motion to Vacate as per herein. Signed by Judge Susie Morgan on 11/16/2016. (cg)
November 1, 2016 Opinion or Order Filing 246 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)
October 27, 2016 Opinion or Order Filing 244 ORDER AND REASONS re 241 Notice of Objection. Signed by Judge Susie Morgan.(bwn)
October 17, 2016 Opinion or Order Filing 237 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 unde r 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. &# 167; 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 administra tive 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 agai nst 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 Co nstitution 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 t o 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)
March 22, 2016 Opinion or Order Filing 189 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)
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Defendant: Darryl J. Becnel
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Defendant: Shell Chemical Co IP
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Defendant: Motiva Enterprises LLC
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Defendant: United Steel Workers Union
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Defendant: George Kestler
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Defendant: Matt Louque
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Defendant: Pat Meche
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Defendant: David Mendel
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Defendant: Perry Montz
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Defendant: Brandon Dufrene
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Defendant: Marty Poche
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Plaintiff: Newton McNealy
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