University of Michigan Law School
Civil Rights Litigation Clearinghouse
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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


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Issues and Causes of Action
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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
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  Megacases, Diversity, and the Elusive Goal of Workplace Reform
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  Second Generation Employment Discrimination: A Structural Approach
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Docket(s)
2:07-cv-00156 (W.D. La.)
EE-LA-0095-9000.pdf | Detail
Date: 07/26/2007
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint
EE-LA-0095-0001.pdf | Detail
Date: 01/26/2007
Consent Decree [ECF# 3]
EE-LA-0095-0002.pdf | Detail
Date: 01/31/2007
Source: PACER [Public Access to Court Electronic Records]
Judges Doherty, Rebecca F. Court not on record
EE-LA-0095-0002 | EE-LA-0095-9000
Methvin, Mildred E. (W.D. La.)
EE-LA-0095-0002 | EE-LA-0095-9000
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

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