Dejan v. Lockheed Martin Corporation et al, No. 2:2014cv02731 - Document 41 (E.D. La. 2016)
Court Description: ORDER AND REASONS granting 24 as unopposed as to plaintiff's Louisiana state law employment discrimination claims, Louisiana state-law whistleblower claims, and interference with a federal contract claim, and those claims are DISMISSED WITH PR EJUDICE. IT IS FURTHER ORDERED that Lockheed Martin Corporation's Motion for Partial Judgment on the Pleadings (Doc. #24) is GRANTED as to plaintiff's federal whistleblower claim for failure to exhaust administrative remedies, and that claim is DISMISSED WITHOUT PREJUDICE. Signed by Judge Mary Ann Vial Lemmon on 2/3/16. (cbn)
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Dejan v. Lockheed Martin Corporation et al Doc. 41 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA BRIAN M. DEJAN CIVIL ACTION VERSUS NO: 14-2731 LOCKHEED MARTIN CORPORATION AND CAMGIAN MICROSYSTEMS CORPORATION SECTION: "S" (5) ORDER AND REASONS IT IS HEREBY ORDERED that Lockheed Martin Corporation's Motion for Partial Judgment on the Pleadings (Doc. #24) is GRANTED as unopposed as to plaintiff's Louisiana statelaw employment discrimination claims, Louisiana state-law whistleblower claims, and interference with a federal contract claim, and those claims are DISMISSED WITH PREJUDICE. IT IS FURTHER ORDERED that Lockheed Martin Corporation's Motion for Partial Judgment on the Pleadings (Doc. #24) is GRANTED as to plaintiff's federal whistleblower claim for failure to exhaust administrative remedies, and that claim is DISMISSED WITHOUT PREJUDICE.1 3rd New Orleans, Louisiana, this _____ day of January, 2016. ____________________________________ MARY ANN VIAL LEMMON UNITED STATES DISTRICT JUDGE 1 Lockheed argues that plaintiff, who was not a federal employee, brought a claim under the Federal Whistleblower Protection Act of 1989, 5 U.S.C. §§ 1203, et seq., which applies only to federal employees. Plaintiff clarifies that his claim arises under the Federal Whistleblower Enhancement Protection Act, 10 U.S.C. § 2409, which applies to employees of government contractors working on projects for the Department of Defense or the National Aeronautics and Space Administration, but requires the exhaustion of administrative remedies prior to filing suit. Plaintiff admits that he has not completed the administrative process. Dockets.Justia.com
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