United States District Court, W.D. Louisiana, Monroe Division
L. HAYES, MAG. JUDGE.
A. DOUGHTY UNITED STATES DISTRICT JUDGE.
before the Court is a Motion for Partial Summary Judgment
[Doc. No. 39] filed by Defendant Jackson Parish Hospital
Service District No. 1 d/b/a Jackson Parish Hospital
(initially named as “Jackson Parish Police Jury d/b/a
the Jackson Parish Hospital”) hereinafter referred to
as the “Hospital.” The Hospital moves for summary
judgment dismissing Plaintiff Cora Bradford's
(“Bradford”) state-law gender discrimination
28, 2019, Bradford filed a Motion to Dismiss the
Hospital's Motion for Partial Summary Judgment [Doc. No.
1, 2019, the Hospital filed a Reply Memorandum in support of
its Motion for Partial Summary Judgment [Doc. No. 4');">42].
following reasons, the Hospital's Motion for Partial
Summary Judgment is GRANTED and Bradford's Motion to
Dismiss is DENIED.
FACTS AND PROCEDURAL HISTORY
is a former CFO of the Hospital. The Hospital terminated
Bradford on September 26, 2017. On or about October 28, 2017,
Bradford filed a charge with the Equal Employment Opportunity
Commission (“EEOC”), alleging that the Hospital
discriminated against her on the basis of race and color.
[Doc. No. 34');">4, ¶ 25]. The EEOC issued Bradford a
Dismissal and Notice of Rights on August 1, 2018. [Doc. No.
34');">4, ¶ 26].
October 23, 2018, Bradford filed her original Complaint in
this Court against the Hospital and Inquiseek, LLC
(“Inquiseek”), a consulting firm hired by the
Hospital to evaluate its accounting functions. In her
original Complaint, Bradford set forth two general claims
against the Hospital. First, she alleged the Hospital
discriminated against her based on her race and color in
violation of Title VII of the Civil Rights Act of 1964');">4, 4');">42
USC § 2000 et al (“Title VII”); 4');">42 U.S.C.
§§ 1981, 1983; and La. R.S. 23:332. [Doc. No. 1,
¶¶ 17-18]. Second, Bradford alleged the Hospital
failed to pay her a wage comparable to her white predecessors
in violation of Title VII; 4');">42 U.S.C. §§ 1981, 1983;
La. R.S. 23:332 and 29 USC §§ 201, 206, the Fair
Labor Standards and Equal Pay Acts. [Id. at ¶
January 15, 2019, the Hospital filed a Motion to Dismiss
seeking dismissal of Bradford's claims against it under
Sections 1981 and 1983 and the Equal Pay Act. [Doc. Nos. 13
& 13-1]. The Hospital also sought dismissal of
Bradford's claims for punitive damages. [Id.]
February 6, 2019, Bradford sought leave of court to file an
Amended Complaint. [Doc. No. 28]. Bradford sought leave to
add claims for gender discrimination under Title VII, Section
1981, Section 1983, and La. R.S. 23:332. [Doc. No. 28-1,
¶¶ 17-19]. The Hospital opposed Bradford's
Motion to Amend [Doc. No. 31].
April 17, 2019, the Magistrate Judge issued a Report and
Recommendation addressing the Hospital's Motion to
Dismiss and Bradford's Motion to Amend Complaint. [Doc.
No. 32]. On May 2, 2019, this Court issued a Judgment
adopting the Magistrate Judge's Report and Recommendation
and granting the Hospital's Motion to Dismiss in part,
dismissing Bradford's Sections 1981 and 1983, Title VII
gender discrimination, and punitive damage claims. [Doc. No.
37]. The Court also granted Bradford's Motion to Amend
24');">4, 2019, the Hospital filed the pending Motion for Partial
Summary Judgment seeking dismissal of Bradford's
state-law gender discrimination claims on the grounds that
(1) the claims are prescribed and (2) Bradford failed to
comply with the notice requirements of La. R.S. 23:303. [Doc.
28, 2019, Bradford responded by filing a Motion to Dismiss
the Hospital's Motion for Partial Summary Judgment [Doc.
No. 4');">41]. The Hospital filed a Reply [Doc. No. 4');">42], addressing