Lee v. City of Shreveport

CourtDistrict Court, W.D. Louisiana
DecidedJune 28, 2024
Docket5:23-cv-00604
StatusUnknown

This text of Lee v. City of Shreveport (Lee v. City of Shreveport) is published on Counsel Stack Legal Research, covering District Court, W.D. Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lee v. City of Shreveport, (W.D. La. 2024).

Opinion

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA SHREVEPORT DIVISION SANDRA LEE CIVIL ACTION NO. 23-604 VERSUS JUDGE EDWARDS CITY OF SHREVEPORT MAGISTRATE JUDGE HORNSBY MEMORANDUM RULING

Before the Court is a Motion to Dismiss filed by the defendant, the City of Shreveport (“the City”).1 Pursuant to this Court’s Notice of Motion Setting, a response was due by August 22, 2023.2 On September 6, 2023, the plaintiff, Sandra Lee (“Ms. Lee”), filed her response to the motion.3 The response was stricken as untimely.4 Hence, the City’s Motion is unopposed.5 After careful consideration of the Motion, the record, and the applicable law,

the Motion is GRANTED and Sandra Lee’s claims against the City of Shreveport are DISMISSED WITH PREJUDICE. I. BACKGROUND Ms. Lee is a former employee of the City.6 She alleges that the City engaged in unfair labor practices culminating in her forced departure on October 23, 2020; and that it owes her unpaid wages, liquidated damages, penalties, and attorney fees.7

1 R. Doc. 4. 2 R. Doc. 5. 3 R. Doc. 6. 4 R. Doc. 9. 5 To be clear, the Court does not dispose of this case for want of a timely opposition; rather, it is disposed of for want of merit. 6 R. Doc. 1 at 1. 7 Id. at 1–6. Foremost, Ms. Lee contends that she was misclassified in her role with the City—performing the duties of a superior title—and that she has yet to be compensated accordingly.8 She intimates causation between her complaining of the

wage discrepancy and her resignation.9 Now, she seeks compensation.10 Notably, this is not Ms. Lee’s first attempt to obtain relief from the City regarding her October 23, 2020, departure.11 In her first suit (“Lee I”), Ms. Lee sought relief under the Age Discrimination in Employment Act (“ADEA”),12 Title VII of the Civil Rights Act of 1964 (“Title VII”),13 and the Louisiana Employment Discrimination Law (“LEDL”).14 Unable to prevail in that case,15 Ms. Lee now brings

this second suit (“Lee II”) under the Fair Labor Standards Act (“FLSA”),16 and the Louisiana Wage Payment Act (“LWPA”).17 On August 7, 2023, the City filed the instant Motion to Dismiss, arguing that res judicata, and alternatively, prescription, bar this suit.18 The City contends that Ms. Lee’s claims in this suit arise from the same facts—and could have been raised— in Lee I.19 Furthermore, the City argues that Ms. Lee’s claims, under both the FLSA and the LWPA, prescribed before Lee II was filed on May 5, 2023.20

8 Id. at 3. 9 Id. at 2–3. 10 Id. at 4–6. 11 See Lee v. City of Shreveport, No. 21-CV-3232, 2022 WL 2161941 (W.D. La. June 15, 2022). 12 29 U.S.C. § 621, et seq. 13 42 U.S.C. § 2000e, et seq. 14 La. R.S. 23:301, et seq. 15 Lee v. City of Shreveport, No. 21-CV-3232, 2023 WL 1971331 (W.D. La. Feb. 10, 2023); Lee v. City of Shreveport, No. 21-CV-3232, 2022 WL 2161941 (W.D. La. June 15, 2022) (dispositive rulings). 16 29 U.S.C. § 201, et seq. 17 La. R.S. 23:631, 633. 18 R. Doc. 4 at 1. 19 R. Doc. 4-1 at 1–3. 20 Id. at 4–5. II. LEGAL STANDARD In order to survive a Rule 12(b)(6) motion to dismiss, a plaintiff must plead “enough facts to state a claim [for] relief that is plausible on its face.”21 A complaint

attacked by Rule 12(b)(6) does not need detailed factual allegations but requires more than labels and conclusions.22 “[A] formulaic recitation of the elements of a cause of action will not do.”23 When evaluating a pleading, courts must construe the complaint liberally and accept all factual allegations as true.24 However, courts need not accept legal conclusions as facts.25 In addition to facts alleged in the pleadings, the district court “may also consider matters of which [it] may take judicial notice.”26 “And, it is

clearly proper in deciding a 12(b)(6) motion to take judicial notice of matters of public record.”27 III. ANALYSIS A. Res Judicata In the Fifth Circuit, “generally a res judicata contention cannot be brought in a motion to dismiss; it must be pleaded as an affirmative defense.”28 The Fifth Circuit has further noted that “[r]es judicata is an affirmative defense that should not be

raised as part of a 12(b)(6) motion, but should instead be addressed at summary

21 Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007). 22 Id. at 555. 23 Id. 24 In re Katrina Canal Breaches Litig., 495 F.3d 191, 205 (5th Cir. 2007). 25 Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). 26 Lovelace v. Software Spectrum Inc., 78 F.3d 1015, 1017–18 (5th Cir. 1996). 27 Norris v. Hearst Trust, 500 F.3d 454, 461 n.9 (5th Cir. 2007); see also Cinel v. Connick, 15 F.3d 1338, 1343 n. 6 (5th Cir. 1994) (“In deciding a 12(b)(6) motion to dismiss, a court may permissibly refer to matters of public record.”). 28 Test Masters Educ. Servs., Inc. v. Singh, 428 F.3d 559, 570 n.2 (5th Cir. 2005); see also Norris v. Hearst Trust, 500 F.3d 454, 461 n.9 (5th Cir. 2007). judgment or at trial.”29 Nevertheless, “[d]ismissal under Rule 12(b)(6) on res judicata grounds is appropriate when the elements of res judicata are apparent on the face of the pleadings.”30

In making our res judicata determination here, we consider the pleadings filed in this suit, Lee II, and compare them with the pleadings filed and judgment rendered in Lee I, No. 21-CV-3232.31 “Claim preclusion, or res judicata, bars the litigation of claims that either have been litigated or should have been raised in an earlier suit.”32 Res judicata has four elements:

(1) the parties are identical or in privity; (2) the judgment in the prior action was rendered by a court of competent jurisdiction; (3) the prior action was concluded by a final judgment on the merits; and (4) the same claim or cause of action was involved in both actions.33

The first three elements are not contested.34 Both suits involved Sandra Lee as the plaintiff and the City of Shreveport as the defendant.35 The United States District Court for the Western District of Louisiana had proper jurisdiction over Lee I, and a final judgment was rendered on Lee I’s merits.36

29 Am. Realty Trust, Inc. v. Hamilton Lane Advisors, Inc., 115 Fed. App’x. 662, 664 n.1 (5th Cir. 2004) (citing Moch v. E. Baton Rouge Par. Sch. Bd., 548 F.2d 594, 596 n.3 (5th Cir. 1977) (“Generally, a party cannot base a 12(b)(6) motion on res judicata.”)). 30 Murry v. Gen. Servs. Admin., 553 Fed. Appx. 362, 364 (5th Cir. 2014) (citing Kansa Reinsurance Co. v. Mortg. Corp. of Tex., 20 F.3d 1362, 1366 (5th Cir. 1994)). 31 See Hall v. Hodgkins, 305 F. App'x 224, 227–28 (5th Cir. 2008) (“If, based on the facts pleaded and judicially noticed, a successful affirmative defense appears, then dismissal under Rule 12(b)(6) is proper.”) 32 Petro-Hunt, L.L.C. v. United States, 365 F.3d 385, 395 (5th Cir.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Southmark Corp. v. Coopers & Lybrand
163 F.3d 925 (Fifth Circuit, 1999)
Petro-Hunt, L.L.C. v. United States
365 F.3d 385 (Fifth Circuit, 2004)
Davis v. Dallas Area Rapid Transit
383 F.3d 309 (Fifth Circuit, 2004)
Norris v. Hearst Trust
500 F.3d 454 (Fifth Circuit, 2007)
Hall v. Hodgkins
305 F. App'x 224 (Fifth Circuit, 2008)
Brown v. Felsen
442 U.S. 127 (Supreme Court, 1979)
Bell Atlantic Corp. v. Twombly
550 U.S. 544 (Supreme Court, 2007)
Ashcroft v. Iqbal
556 U.S. 662 (Supreme Court, 2009)
Oreck Direct, LLC v. Dyson, Inc.
560 F.3d 398 (Fifth Circuit, 2009)
In Re Katrina Canal Breaches Litigation
495 F.3d 191 (Fifth Circuit, 2007)
Murry v. General Services Administration
553 F. App'x 362 (Fifth Circuit, 2014)
BVS Construction v. Prosperity Bank
18 F.4th 169 (Fifth Circuit, 2021)

Cite This Page — Counsel Stack

Bluebook (online)
Lee v. City of Shreveport, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lee-v-city-of-shreveport-lawd-2024.