Case: Ellias v. Don A. Scoggins d/b/a Five Star Janitorial Supply

2:07-cv-00156 | U.S. District Court for the Western District of Louisiana

Filed Date: Jan. 26, 2007

Closed Date: 2008

Clearinghouse coding complete

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 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.

Summary Authors

Erin Forman (10/25/2007)

People


Judge(s)

Doherty, Rebecca F. (Louisiana)

Methvin, Mildred E. (Louisiana)

Attorneys(s) for Plaintiff

Danis, Jodi B (District of Columbia)

Morrison, Jeffrey G. (District of Columbia)

Palmer, David J. (District of Columbia)

Vincent, Katherine (Louisiana)

Attorneys(s) for Defendant

Scofield, Scott J. (Louisiana)

Judge(s)

Doherty, Rebecca F. (Louisiana)

Methvin, Mildred E. (Louisiana)

Attorneys(s) for Plaintiff

Danis, Jodi B (District of Columbia)

Morrison, Jeffrey G. (District of Columbia)

Palmer, David J. (District of Columbia)

Vincent, Katherine (Louisiana)

Attorneys(s) for Defendant

Scofield, Scott J. (Louisiana)

Documents in the Clearinghouse

Document

2:07-cv-00156

Docket (PACER)

Ellias v. Scoggins

July 26, 2007

July 26, 2007

Docket
1

2:07-cv-00156

Complaint

Samuel G. Ellias v. Don A. Scoggins d/b/a Five Star Janitorial Supply

Jan. 26, 2007

Jan. 26, 2007

Complaint
3

2:07-cv-00156

Consent Decree

Samuel G. Ellias v. Don A. Scoggins d/b/a Five Star Janitorial Supply

Jan. 31, 2007

Jan. 31, 2007

Settlement Agreement

Resources

Docket

Last updated Aug. 13, 2022, 3:17 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Don A Scoggins, filed by Samuel G Ellias. (Attachments: # 1 Civil cover sheet)(crt,Dean, S) (Entered: 01/26/2007)

Jan. 26, 2007

Jan. 26, 2007

2

PROPOSED CONSENT DECREE by Samuel G Ellias, Don A Scoggins. (crt,Dean, S) (Entered: 01/26/2007)

Jan. 26, 2007

Jan. 26, 2007

3

CONSENT DECREE: The Clerk of Court is instructed to Administratively Close this matter. A telephone status conference is set on March 31, 2008 at 3:00 p.m. Signed by Judge Rebecca F Doherty on 1/31/07. (crt,Wormser, C) (Entered: 02/01/2007)

Jan. 31, 2007

Jan. 31, 2007

Set Hearings: District Judge Telephone Status Conference set for 3/31/2008 03:00 PM before Honorable Rebecca F Doherty. (crt,Wormser, C) (Entered: 02/01/2007)

Jan. 31, 2007

Jan. 31, 2007

4

JUDGMENT Considereing the Consent Decree, Rec. Doc. 3 filed on behalf of all parties, and due to all counsel's affirmations to the Court all performance is now complete under the Consent Decree; IT IS HEREBY ORDERED, ADJUDGED AND DECREED that this matter shall be and is DISMISSED, with prejudice, each party to bear its own costs. IT IS FURTHER ORDERED that the telephone conference set for March 31, 2008 is CANCELLED . Signed by Judge Rebecca F Doherty on 7/26/07. (crt,Guidry, C) (Entered: 07/31/2007)

July 26, 2007

July 26, 2007

Case Details

State / Territory: Louisiana

Case Type(s):

Equal Employment

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Jan. 26, 2007

Closing Date: 2008

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Samuel G. Elias, a member of the Louisiana Army National Guard

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Don A. Scoggins d/b/a Five Star Janitorial (Leesville, Vernon), Private Entity/Person

Case Details

Causes of Action:

Uniformed Services Employment and Reemployment Rights Act (USERRA), 38 U.S.C. § 4301

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2007 - 2008

Issues

General:

Disparate Treatment

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Discrimination-basis:

Military status discrimination