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Riggs v. D X P Enterprises Inc.

United States District Court, W.D. Louisiana, Lafayette Division

October 31, 2019

NICOLE RIGGS
v.
D X P ENTERPRISES, INC., ET AL.

          PATRICK J. HANNA, MAG. JUDGE

          RULING

          TERRY A. DOUGHTY, UNITED STATES DISTRICT JUDGE

         Pending 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 defamation.

         On October 9, 2019, Riggs filed a Memorandum in Opposition to the Motion for Summary Judgment [Doc. No. 65');">5');">5');">5].

         On October 16, 2019, Marks filed a Reply Memorandum in support of her Motion for Summary Judgment [Doc. No. 66].

         For the following reasons, Marks' Motion for Summary Judgment is GRANTED, and Riggs' IIED and defamation claims are DISMISSED WITH PREJUDICE.

         I. FACTS

         Riggs 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 customers.

         Riggs and Marks got along well at first, but the relationship changed for the worst after Riggs returned from surgery leave in August 2014.

         Riggs was discharged by DXP on February 22, 2016.

         Riggs 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].

         On 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.”

         [Doc. No. 5');">5');">5');">57-5');">5 ...


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