Badgerow v. REJ Properties, Inc. et al

MOTION for Summary Judgment

E.D. La.Jan 24, 2019

254736.1 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF LOUISIANA DENISE A. BADGEROW, on behalf of herself and a class of those similarly situated, Plaintiffs, v. REJ PROPERTIES, INC. D/B/A WALTERS MEYER TROSCLAIR & ASSOCIATES, AND AMERIPRISE FINANCIAL SERVICES, INC. Defendants * * * * * * * * * * * CIVIL ACTION NO. 2:17-cv-09492 JUDGE JAY C. ZAINEY MAG. JOSEPH C. WILKINSON, JR. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * MOTION FOR SUMMARY JUDGMENT OF REJ PROPERTIES, INC. d/b/a WALTERS, MEYER, TROSCLAIR & ASSOCIATES NOW COMES Defendant, REJ Properties, Inc. d/b/a Walters, Meyer, Trosclair & Associates, (“REJ”), through undersigned counsel, and pursuant to Federal Rule of Civil Procedure Rule 56, submits this Motion for Summary Judgment seeking dismissal of Plaintiff's claims for the following three reasons: First, Plaintiff’s class and individual claims of discrimination, harassment, and retaliation should be dismissed because REJ is not a covered employer under the state anti-discrimination law, she has failed to adhere to mandatory procedural and substantive requirements for a class action, and she has failed to present sufficient evidence on the prima facie elements or ultimate burdens of proof to necessitate a trial on the merits. Second, Plaintiff’s EPA claim should be dismissed because it is time barred in whole or in part and she has failed to present evidence of any gender-based disparity in pay. Third, Plaintiff’s state law breach of contract claim fails as a matter of law as there is no evidence of a written or verbal agreement by REJ to pay her a fixed salary. Case 2:17-cv-09492-JCZ-JCW Document 73 Filed 01/24/19 Page 1 of 2 2 254736.1 In support of this Motion, REJ submits the accompanying Memorandum in Support, Exhibit List, and Exhibits A through N, all of which are incorporated herein by reference. WHEREFORE, Defendant respectfully prays for an Order granting its Motion for Summary Judgment, dismissing Plaintiff's claims in their entirety and with prejudice, and ordering any other relief this Court deems necessary. Respectfully submitted: BREAZEALE, SACHSE & WILSON, L.L.P. By: /s/ Eve B. Masinter E. FREDRICK PREIS, JR. (LA BAR #10704) EVE B. MASINTER (LA BAR #1218), T.A. CLAUDE F. REYNAUD, JR. (LA BAR #11197) MATTHEW M. MCCLUER (LA BAR #33970) First Bank & Trust Tower, Suite 1500 909 Poydras Street New Orleans, LA 70112-4004 Telephone: (504) 619-1800 Fax: (504) 584-5452 Email: Fred.Preis@bswllp.com Email: Eve.Masinter@bswllp.com Email: Claude.Reynaud@bswllp.com Email: Matthew.McCluer@bswllp.com Attorneys for REJ Properties, Inc. d/b/a Walters, Meyer, Trosclair & Associates CERTIFICATE OF SERVICE I hereby certify that on January 23, 2019, I filed the foregoing Motion for Summary Judgment electronically with the Clerk of Court using the CM/ECF system, which will provide notice of the filing to all counsel of record. /s/ Eve B. Masinter Eve B. Masinter Case 2:17-cv-09492-JCZ-JCW Document 73 Filed 01/24/19 Page 2 of 2