Johnson v. Boise Cascade Co

Opinion

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA SHREVEPORT DIVISION

RODERICK JOHNSON CIVIL ACTION NO. 21-4379

VERSUS JUDGE ELIZABETH E. FOOTE

BOISE CASCADE CO. MAGISTRATE JUDGE HORNSBY

ORDER Plaintiff Roderick Johnson (“Plaintiff”), pro se, filed this disability discrimination suit pursuant to Louisiana Revised Statute § 23:301, et seq., which is known as the Louisiana Employment Discrimination Law (the “LEDL”). Before the Court is a motion to dismiss, filed by Defendant Boise Cascade Company (“Defendant”). Record Document 5. Plaintiff has failed to file a response, so the motion is considered unopposed. See Record Document 7. In the motion, Defendant seeks dismissal of Plaintiff’s claims because Plaintiff failed to abide by procedural prerequisites prior to filing suit and because his complaint fails to state a claim upon which relief can be granted. For the reasons below, Defendant’s motion [Record Document 5] is GRANTED to the extent it seeks dismissal for failure to abide by procedural prerequisites prior to filing suit. Under Louisiana law, a plaintiff asserting an LEDL claim “must give the proposed defendant written notice that she believes she has been discriminated against at least 30 days before initiating court action.” Johnson v. Hosp. Corp. of Am., 767 F. Supp. 2d 678, 700 (W.D. La. 2011) (citing La. R.S. § 23:303(C)). Failure to comply with this procedural prerequisite exposes Plaintiff’s claims to dismissal. See id. at 701, 705. Plaintiff has offered no argument to rebut Defendant’s contention that he failed to satisfy the notice requirement. Indeed, it appears Plaintiff alleges that he was terminated on November 12, 2021, and filed suit less than 30 days later on December 3, 2021. Thus, Plaintiff’s complaint must be dismissed. Based on the foregoing reasons, Defendant’s motion [Record Document 5] is GRANTED to the extent it seeks dismissal for failure to abide by procedural prerequisites prior to filing suit. Plaintiff’s complaint is DISMISSED WITHOUT PREJUDICE. A separate judgment will be

issued herewith. THUS DONE AND SIGNED this 27th day of April, 2022.

ELIZABETH ERNY FOOTE UNITED STATES DISTRICT JUDGE