United States District Court, W.D. Louisiana, Lafayette Division
PATRICK J. HANNA, MAG. JUDGE
A. DOUGHTY, UNITED STATES DISTRICT JUDGE
before the Court is a Motion for Summary Judgment [Doc. No.
5');">5');">5');">57] filed by Defendant Tranae Marks (“Marks”).
Marks moves for summary judgment dismissing Plaintiff Nicole
Riggs' (“Riggs”) claims for intentional
infliction of emotional distress (“IIED”) and
October 9, 2019, Riggs filed a Memorandum in Opposition to
the Motion for Summary Judgment [Doc. No. 65');">5');">5');">5].
October 16, 2019, Marks filed a Reply Memorandum in support
of her Motion for Summary Judgment [Doc. No. 66].
following reasons, Marks' Motion for Summary Judgment is
GRANTED, and Riggs' IIED and defamation claims are
DISMISSED WITH PREJUDICE.
and Marks were co-employees at Defendant DXP Enterprises,
Inc. (“DXP”). Both were ITS technicians. ITS
technicians prepare and deliver orders for machine parts for
and Marks got along well at first, but the relationship
changed for the worst after Riggs returned from surgery leave
in August 2014.
was discharged by DXP on February 22, 2016.
alleges that on December 7, 2016, Marks defamed her. Riggs
testified that on that date, Marks was at Loadmaster
Industries (“Loadmaster”) making a delivery.
While there, Marks allegedly made comments about her. Riggs
testified that she was called immediately after Marks had
left the premises to let her know that Marks had allegedly
made the comments, although she does not state who called her
[Doc. No. 5');">5');">5');">57-5');">5');">5');">5, p. 10].
December 8, 2016, Sheila Price, a Loadmaster employee, sent
an email to Riggs' fiance, Keith Domingues
(“Domingues”) who also works at Loadmaster.
Price's email states as follows:
Yesterday 12/7/2016 the girl from CW Rod [Marks] walked in
and asked, “Why didn't we hire Nikki [Riggs] to
work with us”. I responded with, “she has her own
business and is doing well, making good money” Her
immediate response was, Oh, selling pills?” I said,
“No, but whatever it is she is doing real well, if she
is selling pills shoot, I want to get in on that.” She
responded by saying, she will throw you under the bus. I
replied and said, well, I'm smart enough to save bail
money first.” She then said, “You would have
to”, while walking out the door. I said, “I
wasn't mad at Nikki because she is making good money
doing her home business.”
No. 5');">5');">5');">57-5');">5 ...