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Rios v. Westport Linen Services, LLC

United States District Court, E.D. Louisiana

December 5, 2019

ERICK R. RIOS
v.
WESTPORT LINEN SERVICES, LLC

         SECTION: “KWR”

          ORDER & REASONS

          KAREN WELLS ROBY CHIEF UNITED STATES MAGISTRATE JUDGE.

         Before the Court is a Motion for Reconsideration (R. Doc. 17) filed by the Defendant, Westport Linen Services, LLC (“Westport”) seeking the Court reconsider its Order and Reasons (R. Doc. 16) with sole regard to Plaintiff's § 1981 claims. Plaintiff Erick R. Rios (“Rios”) opposes this motion. R. Doc. 18. This motion was heard on the briefs on October 23, 2019.

         I. Background

         Plaintiff Rios filed his pro se employment discrimination complaint against Defendant Westport alleging, inter alia, that his employer, Westport, repeatedly denied him promotions to the positions of Maintenance Lead and Maintenance Chief because of his Hispanic/Latino origin. R. Doc. 1. Rios further alleged that Westport refused to consider him for promotion for the position of Maintenance Lead purportedly due to his several tardy violations despite others also arriving late. R. Doc. 1-5, p. 6. As a result of these denied promotions, Rios resigned from his employment with Westport, which he contended constitutes constructive discharge. R. Doc. 1-5, p. 7-8.

         On September 30, 2019, the Court dismissed Plaintiff's Title VII claims with prejudice pursuant to Federal Rule of Civil Procedure 12(b)(6). R. Doc. 16, p. 14. The Court further ordered that Plaintiff's § 1981 claim remains and shall proceed forward as not the subject of Defendant's motion. Id.

         On October 4, 2019, Defendant Westport filed its instant Motion for Reconsideration contending that Plaintiff's § 1981 claim was in fact the subject of Westport's Motion to Dismiss and should be dismissed with prejudice for the same reasons this Court dismissed Plaintiff's Title VII claims. R. Doc. 17, p. 1. Furthermore, as Plaintiff's § 1981 claim is the sole remaining claim in the lawsuit, Westport seeks an order from this Court dismissing Plaintiff's First Amended Complaint in its entirety. Id.

         Plaintiff, in opposition, concedes that his Title VII claims were properly dismissed for technical issues in the pleadings. R. Doc. 18. Nonetheless, Plaintiff contends that Defendant provides no legal arguments with regard to Plaintiff's § 1981 claims beyond conclusory desire that they be dismissed in the same matter as Plaintiff's Title VII claims. Id. Plaintiff ultimately contends that Defendant has provided no legal basis for dismissal of his § 1981 claims, and, as such, his § 1981 claims should survive. Id.

         For reasons set forth below, the Court grants Defendant Westport's Motion for Reconsideration. Moreover, after thoughtful reconsideration, the Court dismisses Plaintiff Rios's First Amended Complaint in its entirety, to include Plaintiff's § 1981 claim based on hostile work environment.

         II. Standard of Review

         a. Reconsideration of Defendant's Motion to Dismiss

         Although the Fifth Circuit has noted that the Federal Rules of Civil Procedure (“Rules”) do not recognize a motion for reconsideration, it has consistently recognized that such a motion may challenge a judgment or order under Rules 54(b), 59(e), or 60(b). Lavespere v. Niagara Mach. & Tool Works, Inc., 910 F.2d 167, 173 (5th Cir.1990). Rules 59 and 60, however, apply only to final judgments. When a party seeks to revise an order that adjudicates fewer than all the claims among all of the parties, Federal Rule of Civil Procedure 54(b) controls. Fed.R.Civ.P. 54(b). See also Helena Labs. Corp. v. Alpha Sci. Corp., 483 F.Supp.2d 538, 539 (E.D. Tex. 2007), aff'd, 274 Fed.Appx. 900 (Fed. Cir. 2008) (motion for reconsideration under Rule 59(e) treated as under Rule 54(b) because reconsideration of partial summary judgment order was sought, and no final judgment had yet been entered in the case). The Rule states:

[A]ny order or other decision, however designated, that adjudicates fewer than all the claims or the rights and liabilities of fewer than all the parties does not end the action as to any of the claims or parties and may be revised at any time before the entry of a judgment ...

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