Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Hogan v. Williams

United States District Court, E.D. Louisiana

February 22, 2017

DONALD HOGAN, JR.
v.
ANDREA D. WILLIAMS AND KENNETH LEMIEUX

         SECTION "S" (5)

          ORDER AND REASONS

          MARY ANN VIAL LEMMON UNITED STATES DISTRICT JUDGE.

         IT IS HEREBY ORDERED that Plaintiffs Motion to Remand (Doc. #6) is GRANTED, and this matter is REMANDED to the Twenty-Fourth Judicial District Court, Parish of Jefferson, State of Louisiana.

         IT IS FURTHER ORDERED that plaintiffs request for attorneys' fees and costs is GRANTED. Within 15 days of the date of this order, plaintiff shall file a motion to set attorneys' fees and costs incurred in connection with his filing this motion for remand. The motion will be heard by the United States Magistrate Judge, who will issue a Report and Recommendation regarding a just award of attorneys' fees and costs.

         BACKGROUND

         This matter is before the court on a motion to remand filed by plaintiff, Donald Hogan, Jr. Hogan argues that this matter should be remanded to the Twenty-Fourth Judicial District Court, Parish of Jefferson, State of Louisiana because this court lacks subject matter jurisdiction.[1]

         Hogan was employed by the Parish of Jefferson as an Assistant Director in the Department of Streets. Defendants, Andrea Williams and Kenneth Lemieux, were also employed by the Parish of Jefferson in the Department of Streets, and Hogan was their supervisor. On November 15, 2012, Williams and Lemieux filed suit in the United States District Court for the Eastern District of Louisiana against the Parish of Jefferson, Hogan and Randy Nichols, who was the Director of the Department of Streets, alleging that they were subjected to discrimination and harassment in the workplace. See Civil Action No. 12-2752. Williams and Lemieux stated that their claims arose under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq. the Fair Labor Standards Act of 1938, 29 U.S.C. § 201, et seg.; 42 U.S.C. §§ 1981 and 1983; and various Louisiana state laws. Hogan tiled a crossclaim against Williams and Lemieux alleging that their complaint against him was defamatory. The United States Magistrate Judge dismissed Hogan's crossclaim as premature. Eventually, Williams and Lemieux dismissed the suit against all defendants after reaching a settlement with the Parish of Jefferson.

         In 2015, Hogan sued Williams and Lemieux in the Twenty-Fourth Judicial District Court, Parish of Jefferson, State of Louisiana seeking damages for "mental, emotional and financial injury" he sustained as a result of Williams' and Lemieux's prior "libelous" and "slanderous" lawsuit against him. On November 30, 2016, Williams and Lemieux propounded requests for admission on Hogan asking him to admit various facts regarding their prior lawsuit against him including:

         REQUEST FOR ADMISSION NO. 6:

         Please admit that Williams and Lemieux's federal Complaint included a claim under 42 U.S.C. 1983.

         REQUEST FOR ADMISSION NO. 14:

         Please admit your claim is based on the federal lawsuit Williams et al. v. Jefferson Parish et al,, Civ.A.No. 12-2752 that was based on federal laws including Title VII and 42 USC 1983.

         REQUEST FOR ADMISSION NO. 22:

Please admit that you are attempting to recover your attorney's fees and/or costs expended in defending the federal lawsuit Williams et al. v. Jefferson ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.