United States District Court, W.D. Louisiana, Lake Charles Division
T. TRIMBLE, JR. UNITED STATES DISTRICT JUDGE
the court is "Southwest Louisiana Credit Union's
Motion for Summary Judgment" (R. #13) wherein defendant
moves to dismiss Plaintiff's claims with prejudice.
Plaintiff, Annette Moreaux, opposes the motion.
Annette Moreaux, is a black female over the age of 40 who was
employed with the Southwest Louisiana Credit Union
("Credit Union") from January 2005 until she was
terminated in January 2013. Ms. Moreaux was hired and
continued to be an at-will employee. During her employment
with the Credit Union, Ms. Moreaux received and acknowledged
receiving employee hand books stating that her employment was
not for a specified length of time and that either the Credit
Union or she could terminate the employment at any time.
Credit Union asserts that despite being given numerous
warnings, Ms. Moreaux maintained a defiant and uncooperative
attitude, and exhibited disruptive behavior while employed.
Other employees complained that Ms. Moreaux's defiant
behavior was disruptive and created a disharmonious
atmosphere. In response to those complaints the Credit Union
terminated Ms. Moreaux during October 2013.
judgment is appropriate "if the pleadings, depositions,
answers to interrogatories and admissions on file, together
with the affidavits, if any, when viewed in the light most
favorable to the non-moving party, indicate that there is no
genuine issue as to any material fact and that the moving
party is entitled to judgment as a matter of
A fact is "material" if its existence or
nonexistence "might affect the outcome of the suit under
governing law." A dispute about a material fact is
"genuine" if the evidence is such that a reasonable
jury could return a verdict for the non-moving
party. As to issues which the non-moving party
has the burden of proof at trial, the moving party may
satisfy this burden by demonstrating the absence of evidence
supporting the non-moving party's
claim." Once the movant makes this showing, the
burden shifts to the non-moving party to set forth specific
facts showing that there is a genuine issue for
trial. The burden requires more than mere
allegations or denials of the adverse party's pleadings.
The non-moving party must demonstrate by way of affidavit or
other admissible evidence that there are genuine issues of
material fact or law. There is no genuine issue of material fact
if, viewing the evidence in the light more favorable to the
non-moving party, no reasonable trier of fact could find for
the non-moving party. If the evidence is merely colorable, or is
not significantly probative, summary judgment may be
Credit Union maintains that it terminated Ms. Moreaux's
employment based on numerous warnings wherein Plaintiff was
defiant, had an uncooperative attitude, and exhibited
disruptive behavior while employed by the Credit Union. As
summary judgment evidence, the Credit Union submits the
affidavit of Ms. Angela Bellow, the Chief Operating Officer
which explains the following events which the Credit Union
considered in terminating Ms. Moreaux's employment:
20, 2009 incident- Ms. Moreaux disobeyed direct orders not to
leave early from work to attend a continuing education
seminar, and also changed her hotel reservations without
seeking the appropriate approval.
pay policy incident - Ms. Moreaux disregarded the courtesy
pay policy and allowed an employee to exceed the limit in
direct violation of the policy.
Union Electronic Funds Policy - Ms. Moreaux honored a verbal
stop payment in direct violation of Credit Union policy and
failed to obtain the appropriate written authorization.
Policy by arranging to have a member's VISA card sent via
Federal Express to the Credit Union's main office and did
not arrange for the Member to pay for the Federal Express
charge. She also ...