University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
page permalink
Case Name Ellias v. Don A. Scoggins d/b/a Five Star Janitorial Supply EE-LA-0095
Docket / Court 2:07-cv-00156-RFD-MEM ( W.D. La. )
State/Territory Louisiana
Case Type(s) Equal Employment
Attorney Organization U.S. Dept. of Justice Civil Rights Division
Case Summary
On January 26, 2007, an employee filed a lawsuit under the Uniformed Services Employment and Reemployment Rights Act of 1994, 38 U.S.C. §§ 4301-4333 in the U.S. District Court for the Western District of Louisiana against Don A. Scoggins d/b/a Five Star Janitorial. The plaintiff asked the court ... read more >
On January 26, 2007, an employee filed a lawsuit under the Uniformed Services Employment and Reemployment Rights Act of 1994, 38 U.S.C. §§ 4301-4333 in the U.S. District Court for the Western District of Louisiana against Don A. Scoggins d/b/a Five Star Janitorial. The plaintiff asked the court for injunctive and compensatory relief, alleging that the defendant willfully terminated his employment because of his military service in the Louisiana Army National Guard.

A consent decree was entered by the District Court (Judge Rebecca F. Doherty) on January 31, 2007 that stated: (1) the defendant shall not take any action against any person that constitutes retaliation or interference for assisting or participating in the investigation; (2) the defendant shall not refuse to hire any individual or discharge any employee based on military service obligations; and (3) the defendant shall pay the plaintiff compensatory damages.

This case was dismissed on July 26, 2007.

Erin Forman - 10/25/2007


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
Discrimination-area
Discharge / Constructive Discharge / Layoff
Discrimination-basis
Military status discrimination
General
Disparate Treatment
Plaintiff Type
U.S. Dept of Justice plaintiff
Causes of Action Uniformed Services Employment and Reemployment Rights Act (USERRA), 38 U.S.C. § 4301
Defendant(s) Don A. Scoggins d/b/a Five Star Janitorial
Plaintiff Description Samuel G. Elias, a member of the Louisiana Army National Guard
Indexed Lawyer Organizations U.S. Dept. of Justice Civil Rights Division
Class action status sought No
Class action status granted No
Prevailing Party Mixed
Public Int. Lawyer Yes
Nature of Relief Damages
Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2007 - n/a
Case Closing Year 2007
Case Ongoing No
Additional Resources
click to show/hide detail
Case Studies Megacases, Diversity, and the Elusive Goal of Workplace Reform
Written: Mar. 01, 2008
By: Nancy Levit (University of Missouri-Kansas City School of Law)
Citation: 49 B.C. L. Rev. 367 (2008)
[ Detail ] [ External Link ]

  Second Generation Employment Discrimination: A Structural Approach
By: Susan Sturm (Columbia Law School)
Citation: 101 Colum. L. Rev. 458 (2001)
[ Detail ] [ External Link ]

Docket(s)
2:07-cv-00156 (W.D. La.) 07/26/2007
EE-LA-0095-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 01/26/2007
EE-LA-0095-0001.pdf | Detail
Consent Decree 01/31/2007
EE-LA-0095-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Doherty, Rebecca F. (W.D. La.)
EE-LA-0095-0002 | EE-LA-0095-9000
Methvin, Mildred E. (W.D. La.) [Magistrate]
EE-LA-0095-0002 | EE-LA-0095-9000
Monitors/Masters None on record
Plaintiff's Lawyers Danis, Jodi B (District of Columbia)
EE-LA-0095-0001 | EE-LA-0095-0002
Morrison, Jeffrey G. (District of Columbia)
EE-LA-0095-0001 | EE-LA-0095-0002 | EE-LA-0095-9000
Palmer, David J. (District of Columbia)
EE-LA-0095-0001 | EE-LA-0095-0002
Vincent, Katherine (Louisiana)
EE-LA-0095-0001 | EE-LA-0095-0002 | EE-LA-0095-9000
Defendant's Lawyers Scofield, Scott J. (Louisiana)
EE-LA-0095-0002 | EE-LA-0095-9000
Other Lawyers None on record

- click to show/hide ALL -

new search
page permalink

- top of page -