Edmond v. P D S Inc. ( 2006 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT April 12, 2006
Charles R. Fulbruge III
Clerk
No. 05-30766
Summary Calendar
BRENDA EDMOND,
Plaintiff-Appellant,
versus
P D S INC, ETC, ET AL
Defendants,
P D S INC, doing business as
Oxlite Manufacturing,
Defendant-Appellee.
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Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 6:01-CV-2594
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Before KING, WIENER, and DeMOSS, Circuit Judges.
PER CURIAM:*
Brenda Edmond (“Plaintiff”), after initially filing suit in
2001 and filing various amendments thereto to correctly name the
defendants, filed her amended complaint on July 30, 2003, naming
P D S, Inc. d/b/a Oxlite Manufacturing (“P D S”), her employer,
and Allen Boudreaux (“Boudreaux”), one of her fellow employees,
*
Pursuant to 5TH CIR. R. 47.5, the court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
No. 05-30766
-2-
as defendants. Plaintiff asserted claims of racial and sexual
discrimination under Title VII and 42 U.S.C § 1981 and various
state tort claims. P D S and Boudreaux answered and after full
and adequate discovery, moved for summary judgment. Plaintiff
did not oppose the motion for summary judgement but instead filed
a motion to dismiss her complaint. The trial court denied her
motion to dismiss and entered summary judgment in favor of P D S
and Boudreaux. Plaintiff timely appeals to this court.
We have carefully reviewed the briefs, the record excerpts,
and relevant portions of the record itself. For the reasons
stated by the district court in its memorandum ruling and
judgment dated May 13, 2005 and for the reasons stated by the
district court in its orders entered June 23, 2005, we affirm the
judgment of the district court dismissing Plaintiff’s case with
prejudice and ordering attorneys’ fees in favor of defendants.
AFFIRMED.