RECEIVED

J~ 2 6 2007 .

!\OBfRrH t~LL cLrl~ THE UNITED STATES DISTRICT COURT

WESTERN D TRleT OF L6ul~ LAfAYETTE, LOUISIAN$'UK

THE

WESTERN

DISTRICT

OF

LOUISIANA

SAMUEL G. ELLIAS, Plaintiff,
v.
DON A. SCOGGINS D/B/A FIVE STAR JANITORIAL SUPPLY,
Defendant.

2:07-CV-0156

LC

JUDGE DOHERTY

MAGISTRATE JUDGE METHVIN

JURy DEMAND

COMPLAINT Plaintiff, Samuel G. Ellias ("Ellias"), by the undersigned attorneys, makes the following averments: 1. This is a civil action brought pursuant to the Uniformed Services Employment and Reemployment Rights Act of 1994,38 US.c. §§ 4301 - 4333 ("USERRA"). JURISDICTION AND VENUE 2. This Court has jurisdiction over the subject matter of this action pursuant to 38 US.C. § 4323(b). 3. Venue is proper in this district under 38 US.C. § 4323(c)(2) and 28 US.c. § 1391 (b). Defendant, Don A. Scoggins ("Scoggins"), resides in this judicial district. He owns and operates a business, Five Star Janitorial Supply ("Five Star"), that maintains a place of business in this judicial district. Additionally, a substantial part ofthe events giving rise to the claim occurred in this district.

PARTIES 4. Ellias resides in 610 Elm Street, New Llano, Louisiana 71461, within the
jurisdiction of this Court. 5. Scoggins, through Five Star, distributes janitorial supplies in Leesville, Louisiana.
Five Star maintains its principal place of business at 109 E. Lula Street, Leesville, Louisiana 71446, within the jurisdiction of this Court. Scoggins also resides in Leesville, Louisiana, within the jurisdiction of this Court. CLAIM FOR RELIEF
6. For thirteen years, Ellias served on active duty in the United States Anny in a tank: combat unit. He received multiple commendations during his active duty career, served under fire in Operation Desert Storm, and completed a total of three overseas tours of duty in Kuwait and Iraq.
7. On or about September 4,2001, Ellias was honorably discharged from active duty and began a three year commitment in the Louisiana Army National Guard ("Guard").
8. On or about December 15, 2002, Ellias began working for Scoggins as a sales representative at Five Star. While working at Five Star, Ellias continued to serve in the Guard.
9. In January of2004, Ellias notified Scoggins that he had enrolled in two occupational training courses offered by the Guard. He told Scoggins that, to attend the training, he would need to be away from Five Star from February 28,2004 to March 12,2004 and from April 24, 2004 to May 7, 2004.
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10. On or about February 16, 2004, Scoggins told Ellias that if he attended the training courses, Scoggins would terminate his employment. Ellias told Scoggins that he intended to still attend the classes.
11. On or about February 16,2004, Scoggins terminated Ellias' employment at Five Star.
12. Scoggins willfully terminated Ellias' employment because of Ellias' military service in the Guard.
13. As a result of Scoggins' unlawful termination of Ellias' employment, Ellias has suffered loss of earnings and other benefits of employment. PRAYER FOR RELIEF
WHEREFORE, Ellias prays that the Court enter judgment against Scoggins as follows: 14. Declare that Scoggins' discharge of Ellias from Five Star in February 2004 was unlawful and in violation ofUSERRA, 38 U.S.c. § 4311; 15. Require that Scoggins fully comply with the provisions ofU-SERRA by paying Ellias for his loss of wages and other benefits suffered by reason of Scoggins' failure or refusal to comply with the provisions of this law; 16. Enjoin Scoggins from taking any action against Ellias that fails to comply with the provisions of USERRA; 17. Award Ellias prejudgment interest on the amount oflost wages found due; 18. Award Ellias liquidated damages pursuant to 38 U.S.C. § 4323(d)(1)(c) for Scoggins' willful violation ofUSERRA; and 19. Grant such other and further relief as may be just and proper.
-3 -

Respectfully submitted,
WAN J.KIM Assistant Attorney General Civ· ·ghts Division
BY:
Deputy Chief JEFFREY G. MORRISON (MO Bar No. 44401) Trial Attorney U.S. Department of Justice Civil Rights Division Employment Litigation Section 950 Pennsylvania Avenue, NW Patrick Henry Building, Room 4613 Washington, DC 20530 Telephone: (202) 353-1845 Facsimile: (202) 353-8961
DONALD W.WASHINGTON United States Attorney
BY: &~LJi~ THERINE W. VINCENT (18717) Assistant United States Attorney 800 Lafayette Street, Suite 2200 Lafayette, Louisiana 70501-6832 Telephone: (337) 262-6618 Facsimile: (337)262-6693 Attorneys for Plaintiff Samuel Ellias
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CERTIFICATE OF SERVICE I hereby certify that today I served the foregoing Complaint on the counsel of the defendant via U.S. first-class mail, postage prepaid, to the following address: Scott J. Scofield, Esq. Scofield, Gerald, Singletary & Pohorelsky LLC Post Office Drawer 3028 Lake Charles, Louisiana 70602
Dated thi~Day of January, 2007
rial ~ttomey U.S. Department of Justice Civil Rights Division Employment Litigation Section 950 Pennsylvania Avenue, NW Patrick Henry Building, Room 4613 Washington, DC 20530
-5-

IN THE \.IN(TED STATES DISTRICT CO[;'RT FOR THE Wl4:STERN DISTRICT OF LOUISIANA

SAMUEL G. ELLlAS. Plaintiff,
v.
DON A. SCOGGINS D/B/A FIVE STAR JANITORIAL SUPPLY,
Defendant.

2:07-CV-0156

LC

JUDGE DOHERTY

MAGISTRATE JUDGE METHVIN

JURY DEMAND

CONSENT DECREE

This matter is before the Court for entry ofthis judgment by consent of all parties to

eifectuak a compromise and settlement of all claims. After review and consideration) the Court

believes t tat entry of this judgment is in the interest ofJustice.

1

Plaintiff, Samuel G. Ellias (UElliss"), commenced this action in the United States

District Coun for the Western District of Louisiana, al1eging that Defendant. Don A. Scoggins

("Scoggiu:') d/b/a Five Star Janitorial Supply ("Five Star"), violated the Uniformed Services

Employuent and Reemployment Rights Act of 1994 ("USERRA") hy considering Ellias'

military ;ervice in the Louisiana National Guard ("Guard") as a motivating factor in his decision

to discharge El1ias.

2. As a result of settlement discussions, E!lias and Scoggins have resolved their

differenca and have agreed that this action should be settled by entry of this Consent Decree. It

is the intent of the parties that this Consent Decree be a final and binding settlement in full

disposition of any and all t. taims alleged against Scoggins that c.ould have been alleged in the Complaint filed on behalf01 Ellias. EUias, by his signature to this document and the attached
release, has indicated his ac·ce1'taIlce of the tenns and conditions con tilined in this Consent
Decree, STIPULATED FACTS
3. Pursuant to USERRA, the parties acknowledge the juris, fiction of the United States District Court for the Western District ofLouisiana over the subje. t matter of this action
and of the parties to this case for the pu"Pose of entering this Decree and, i-'" necessary. enforcing
this Decree. 4. Venue is proper in this distrkt for purposes of this Decree and 111Y proceedings
related to this Decree only. Scoggins agrees t}, at all statutory conditions precedel t to the
institution oftms lawsuit have been fulfilled.

5.

a. Having examined the toons and provisit ns of the Consent Decree. the 'urt finds

the following:

a, The Court has jurisdiction over the subject matter of this action and tt "} parties to this action,

b. The tenns and provisions of this Consent Decree are fair. reasonable. and just. The rights of Scoggins and Ellias are Pl'ltected adequately by this Decree.

c. This Consent Decree confonns with the Federal.lhlles ofCivil Procedure
and USERRA, and is not in derogation of the righ:(§ atid privileges of any person. The entry of this Consent Decree will furtler the objectives of
USERRA and other applicable law, and wilJ be in the best interests of the parties.

-2 -

NOW, THEREFORE, n IS HER.3BY ORDERED. ADJUDGED A.."ID DECREED AS
FOLLOWS:
NON-ADMISSION 6. This Decree, being entered witt the consent of the United States Department of
Justice - Civil Rights Division, Ellias, and SCO&tins, shall not constitute an adjuclication or finding on the merits of the case and shall not be C,)DStrued as an admission by Scoggins of any violations ofUSERRA, or any other law. rule or regulation dealing with or in connection with
equal employment opportunities. Scoggins denies any \''I'Ongdoing. NON-VIOLATION AND NON-RETALIATION
7. Scoggins shall not take any action against an) llerson that constitutes retaliation or interference with the exercise of such per!on' s rights under USi1.RRA because such person gave testimony or assistance or participated in any manner in any inVesi igation or proceeding in connection with thls case.
8. Scoggins shall not fail or refuse to hire any individual. (;ischarge any employee. or
take any other adverse action against any employee. based on the milit8I) service obligation or past orpresent military service status of such individual or employee, in vio,'ation ofUSERRA.
REMEDIAL REOUIREMENIS
9. Scoggins shall pay Ellias the amount of $2,500, to be paid in.m m..:tial payment of $1,000 within ten days ofthe Court's entry ofthis Decree, followed by ten a.tditionai monthly
payments of $150 per month due to Ellias on the first of each subsequent me ,ltb. I f Scog.cpns fails to effectuate payment to EUias within three days ofits due date, the entire -..em.-:in; 11g am ll.u:t owed shall become immediately due and payable. Additionally, Scoggbs shall h.;,: lesP( !sible to
-3-

Ellias for any costs, inc.1ud:iI'.g reasonable lttomeys fees. associated with collecting anyam"UIlt
due. Each payment to Ellias (hall be made by a cashier's check or money order. The ootal payment of$2,500 represents U ,802 in lost wages in connection with Ellias' discharge, pLus
interest on that swn of$391, J.dus addition~lliquidated damages as allowed under USERRA. 38
u.s.c. § 4323(d)(1)(c). Ellias ;,hall be responsible for payment of all income taxes associated
with this amount. Scoggins sun be responsible for payment of any additional amount of federal or Hate employer taxes on the .mount that represents lost wages.
10. Scoggins shall ptovide do(.~umentary evidence (If having paid Ellias each payment as I!irected above byrnailing the t,ame to the following address within fourteen days afte·r this
Colsent Decree has been entered b:' the Court for the first payment, and within seven days of the
dm date for each payment thereafter: JeffreyG. Morrison United States Department l'f Justice 950 Pennsylvi:Illia Avenue NW Civil Rights Division Employment Litigation Section. PHB, Room 4500 ·,Vasrungton, D.C. 20530
DISPUTE RESOLUTION AND COMPLIANCE ,j. The Court shall retain jurisdiction ar,d will have all available equitable powers, induding injunctive relief, to enforce this Decree. Upo:'} motion of either party, the Court may schedule a hearing for the purpose ofreviewlng compliance with this Decree. The parties shall engage in rood faith efforts to resolve any dispute c.onceming compliance prior to seeking review by the Court The parties shall be required to give notice to each other ten (10) days bt:fore moving for re "jew by the Court. All parties may conduct expedited discovery under the Federal
-4-

Rules of Civil Procedure for the purpose of dl'tennining com}.iliance with Ibis Decree or defending against a claim of nQn-compliance.
MISCELLAN~
12. All parties shall bear their own costs and expen ~es of Ii tigatioD, inch.. iing attorneys' fees.
13. This Consent D&'''fce constitutes the entry of final judgment "Within tht;. mear.l;ng of Rule 54 of the Federal Rules of Civil Procedlire on all claims asserted in or that coul·,t havt. bee. 1 asserted by Ellias in this action. The Court retains jurisdiction over this matter, howe~ er, \)1 the purpose of entering appropriate orders interpreting and enforcing this judgment.
14. If any provision of this Consent Decr,;e is found to be !lIllawful, only the sp~L1C provision in question shall be affected and the other provisions will remain 'in full force and effect.
15. The tenns ofthis Consent Decree are and snall be binding upon the heirs. successors, and assigns of Scoggins and upon the heirs, succ<!Ssors, and assigns of Ellias.
16. This Consent Decree constitutes the entire agreement and commitments of the parties. Any modifications to this Decree must be mutually agreed upon and memorialized in a writing signed by Scoggins and Ellias.
EFFECI'IVE DATE 17. The effective date of this Consent Decree shall be the date upon which it is entered by the Court. 18. This Consent Decree shall expire, and this action shall be dismissed. without further order of this Court thirty days from the date that documentation ofthe last payment due to
-5 -

Ellias has been submitted t,") \,.:OUIlSd for Ellias, or after Ijny dispute arising under this Consent Decree has been fmalty resolve,'!, by the Court, whiche\'er is later. EHias, by and through his attorneys. may move, for good cauSC:.-, to extend ti.e Consent Decree if the remedial reliefcalled for 1~erein has not been effectuated. The l...:-nsent Dee-ree will not be extended, however, unless the Court grants Ellias's motion. Any such extem.l-:m may be granted by the Court only for such time as is necessary to effectuate the relief set forth in this COll;)"'i~: !)~,..t"f'\t':'
APPROVED and ORDERED this ___ day of _ _ _ _ _ _ _ _ 2006.

Respectfully submitted,

UNITED STATE~ DISTRICT roDGE

DAVID . PALMER (DC Bar No. 417834) Chief
~~~~~~~~,­
(DC Bar No.453493) Deputy Chief JEFFREY G, MORRISON (MO Bar No. 44401) Trial Attorney U. S. Department of Justice Civil Rights Division Employment Litigation Section 950 Permsylvania Avenue, J'I;'W Patrick Henry Building. Room 4613 Washington, DC 20530 Telephone: (202) 353-1845 Facsimile: (202) 353·8961
- 6-

DONALD W. WASHINGTON
W. VINCENT (18717) Assistant United States Attorney 800 Lafayette Street, Suite 2200 Lafayette, Louisiana 70501-6832 Telephone: (337) 262-6618 Facsimile: f337)262-6693 ON BEHALf' OF PLAINTIFF SAMUEL G. ELUAS
~~
SAMU. '1 G. ELLIA.S
Scofield, Gerald, Singletary & Pohorelsky JJ:ftEastTf»C&S Stfeet P. O. Drawer 3028 ~~~~~~~~~ Lake Charles LA 70602 Telephone: ~4.)..l39-l684 ( 3 3 7) 4 3 3 - 9 4 3 6 ON BEHA IF OF DEFENDANT DON A. SCOGGINS

APPEl'I"DIX A ~(El t!":ASE OF ALL CLAlMS

STATE OF LOUISlA.l\lA

)

) ss:

PARISH OF VER.1\fON

)

For and in consideratil)-, ,)1' my lCCeptance of the relid, or any pe>!1 of L to be provided :0
me pursuant to the provisiom ,j;'the Consent Decree r have signljd and that is . ,be entered L.i the
case ofSamuel G. Ellia'i v. D~:-_ t\:...Scoggins. d/b/a Five Stili Janitorial S..Yl1l2]'..:. " be filed in the Unit~ States District Copri; I.or the ·We~i.em District of Louisiana, J, Samu~·1 G. 1. ilias, hereby forever release and discha:rg.~ D-.fel ,dant in this case. Don A. £COggUlS ("Sc Jggin;. ). from all !egal and ~uitable claim.s aiising Ouf of the Complaint to be flIed in t1us a;;tiol. ~_d USERRA Case No. 06-LA-04-00012-1Q··G fil.:.d IJdth th~ United States Deparnuent lifLw;)[,

1 Wlderstand t11at tLe· relief to be provided to me by Scogginsun~!;!r the, ~ir,S ofthe Consent Decree does not constiute an adrr'.ission by any of the paru.es ber.!by ek.;ed of the
vaJidity,f any claim raised by me, or ()n my behalf. I further undershuld that .:k"·}81<lnS expressly denie~ ha"iJlg vio!..te,1 any of my legal rights and that the payments w.d JT.hc:r '(~n,lS and .~ondhl(ms set forth,n this ~'ele, ,::Ie are in settlement of disputed claim:.

This release consti ute~ the entire agreement between Scoggim auJ mt:, \ tllout excc:ption or exc~usion.

I ackr:owledbe that a copy ofthe ConsentDecree this action h..iS been m&de Ivailable to me for my review

! .IA\ "E READ THIS RELl<:ASE AND UNDERSTAND l'RE CON1 ':N1'~: THEREOF ,~~D 1 EXECttTE THIS RELEASE OF MY O\\''N fi";'{}i;E ACT A1:1> DEED.
SignattlTe:~!1~ Samuel G. El !ias

M~ Comrniasir" ,~xlJ . ,:
G.t fIA.~ d~
- 8-

"S 44 (Rev. 11/04)

CIVILCOVEF 2:07-CV-0156

LC

The JS 44 civil cover sheet and the information contained herein neither replace nor supplement

JUDGE DOHERTY

ided

by local rules ofcourt. This form, approved by the Judicial Conference ofthe United States in :

ting

the civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.)

MAGISTRATE JUDGE METHVIN

I. (a) PLAINTIFFS

SAMUEL G. ELLIAS

DON A. SCOGGINS d/b/a FIVE STAR JANITORIAL SUPPLY

(b) County of Residence of First Listed Plaintiff Vernon Parish
(EXCEPT IN U.S. PLAINTIFF CASES)

County of Residence of First Listed Defendant

Vernon Parish

(IN U.S. PLAINTIFF CASES ONLY)

NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE LAND INVOL VED.

(c) Attorney's (Finn Name, Address, and Telephone Number)

Attorneys (If Known)

Katherine W. Vincent; U.S. Attorney's Office; 800 Lafayette St.. Ste. 2200; Lafayette, LA 70501 (337) 262-6618

II. BASIS OF JURISDICTION (Place an "X" in One Box Only)

III U.S. Government
Plaintiff

o 3 Federal Question
(U.S. Government Not a Party)

Scott 1. Scofield, P.O. Drawer 3028, Lake Charles, LA 70602 (337) 433-9436

III. CITIZENSHIP OF PRINCIPAL PARTIES(Place an "X" in One Box for Plaintiff

(For Diversity Cases Only)

and One Box for Defendant)

PTF DEF

PTF DEF

Citizen of This State

0I 0

Incorporated or Principal Place

0 4 04

of Business In This State

o 2 U.S. Government
Defendant

o 4 Diversity
(Indicate Citizenship of Parties in Item III)

Citizen of Another State
Citizen or Subject of a Forei Coun

o 2 0 2 Incorporated and Principal Place
of Business In Another State
o 3 0 3 Foreign Nation

o5 0 5 o 6 06

IV. NATURE OF SUIT IPlacean"X"inOneBoxOnlv)

CON1rRACT

IJIHlS

F

NA: 'y

o II0 Insurance o 120 Marine o 130 Miller Act o 140 Negotiable Instrument o 150 Recovery of Overpayment

PERSONAL INJURY 0 310 Airplane 0 315 Airplane Product
Liability 0 320 Assault, Libel &

PERSONAL INJURY
0 362 Personal Injury Med. Malpractice
0 365 Personal Injury Product Liability

0 610 Agriculture 0 620 Other Food & Drug 0 625 Drug Related Seizure
of Property 21 USC 881 0 630 Liquor Laws

& Enforcement of Judgment

Slander

o 151 Medicare Act

0 330 Federal Employe",'

o 152 Recovery of Defaulted

Liability

0 368 Asbestos Personal Injury Product Liability

0 640 R.R. & Truck 0 650 Airline Regs. 0 660 Occupational

Student Loans

0 340 Marine

PERSONAL PROPERTY

Safety/Health

o (Excl. Veterans)

0 345 Marine Product

153 Recovery of Overpayment

Liability

o of Veteran's Benefits 160 Stockholders' Suits
o 190 Other Contract

0 350 Motor Vehicle 0 355 Molor Vehicle
Product Liability

o 195 Contract Product Liability 0 360 Other Pe",onal

o 196 Franchise

Injury

0 370 Other Fraud 0 371 Truth in Lending 0 380 Other Personal
Property Damage 0 385 Property Damage
Product Liability

0 690 Other
o LABOR 710 Fair Labor Standards Act 0 720 LaborlMgmt. Relations 0 730 Labor/Mgmt.Reporting
& Disclosure Act

REAL PROPERTY
g 210 Land Condemnation o 220 Foreclosure o 230 Rent Lease & Ejectment o 240 Torts to Land o 245 Tort Product Liability o 290 All Other Real Property

eIV: RIGHTS
oI[J 441 Voting 442 Employment

PRISONER PETITIONS 0 740 Railway Labor Act
o 510 Motions to Vacate 0 790 Other Labor Litigation

Sentence

0 791 Empl. Ret. Inc.

0 443 Housing!

Habeas Corpus:

Security Act

Acconunodations

0 530 General

0 444 Welfare

0 535 Death Penalty

0 445 Amer. wlDisabilities - 0 540 Mandamus & Other

Employment

0 550 Civil Rights

0 446 Amer. w/Disabilities - 0 555 Prison Condition

Other

(Ig 440 Other Civil Rights

BANKKUyn.:y
o 422 Appeal 28 USC 158 o 423 Withdrawal
28 USC 157
'RIGHTS
[J 820 Copyrights
0830 Patent
o 840 Trademark
SO< IAL
Ig 861 HIA (I 395ff) o 862 Black Lung (923) o 863 DIWCIDIWW (405(g)) o 864 SSID Title XVI o 865 RSI (405(g))
FEDERAL TAX SUITS
o 870 Taxes (U.S. Plaintiff
or Defendant)
o 871 IRS-Third Party
26 USC 7609

UTHJ£K
0 400 State Reapportionment 0 410 Antitrust 0 430 Banks and Banking 0 450 Commerce 0 460 Deportation 0 470 Racketeer Influenced and
Corrupt Organizations 0 480 Consumer Credit 0 490 Cable/Sat TV 0 810 Selective Service 0 850 Securities!Commodities!
Exchange 0 875 Customer Challenge
12 USC 3410 0 890 Other Statutory Actions 0 891 Agricultural Acts 0 892 Economic Stabilization Act 0 893 Environmental Matte", 0 894 Energy Allocation Act 0 895 Freedom oflnformation
Act 0 900Appeal of Fco Determination
Under Equal Access to Justice 0 950 Constitutionality of State Statutes

V. ORIGIN
gj 1 Original
Proceedin

(Place an "X" in One Box Only)

a 2 Removed from

a 3 Remanded from

a 4

a a 5 Transferred from

6

Reinstated or

another district

Multidistrict

State Court

A ellate Court

Reo ened

s ci

Liti ation

9~ ~~~C·. ~~gs~t~~~lu~~33':3hich you are filing (Do not cite jurisdictional statutes unless diversly):

a 7

Appeal to District Judge from Magistrate Jud ent

VI. CAUSE OF ACTION Briefdescription ofcause: Employee terrnmated because ot mIlitary service m the NatIOnal Guard.

VII. REQUESTED IN COMPLAINT:

CHECK IF THIS IS A CLASS ACTION UNDER F.R.C.P. 23

DEMAND $

CHECK YES only if demanded in complaint:

JURY DEMAND:

[J Yes ~ No

VIII. RELATED CASE(S) IF ANY

(See instructions):

DOCKET NUMBER

DATE
0112612007

NLY

/

------- -------- RECEIPT #

- - - - - - - - - - - AMOUNT

APPLYING IFP

JUDGE

MAG. JUDGE

 
 Case 2:07-cv-00156-RFD-MEM Document 3 Filed 01/31/2007 Page 1 of 8�

RECEIVED

USDC. W[STERN DISTRICT Of LA

ROBERT H. SHEMWELL, CLfK
DATE /1 Jt I 0
~~

IN THE \iNITED STATES DlSTRlCT COL"RT

FOR TRI! WESTERN DISTRICT OF LoclSlANA

SAMUEL G. ELLlAS.
Plaintiff.
"
DoN .".. SCOGGINS DIB:'..... ,~ STAR JA.\lrTOIUAL Sl.'PPLY.
Defendant,

2:07-CV~156

LC

JUDGE DOHERTY

MAG~TRATEJUDGEMET~N

n.;RY DEMA.>';l)
J

OONSE:rr DECREE T:lis matter is before the Court for cntryofthis judgment by consent of all parties to etfectue.t~ a compromise and settlement of all c:aims. After review and consideration, Ihe Court be1ieves L utt entry of this judgment i& in the interest ofjustice. 1 Plaintiff. Samuel G. Elias (UEitias'), commenced this action in the United States District Cour·. lOr the Western District of Louisiana, aEeging that Defendant. Don A. Scoggins ('~COggJ U· I d/b/a Five St&r Janitorial Supply ("Five Star"), vlolatcd the Unifonned Sen'lccs Employ! leJIl and Reemployment Rights Act of 1994 ("USERRA", oy considaing El!ias' milit3ry ;ery-ice in the Louisiana National Guard ("'Guard; as a motivating factor in his d=cisi(;'Ip to dischli'"ge Ellias. 2. A.s a resuh of settlement djscussions, E!lias and Scoggins have resolH:d their differencet. and have agreed that this action should be settled by entry of t..ltis Consent Decree. It is the inle!l1 of t'!1e parties that this Consent Decree be a final and bi!:ading settlement in full

Case 2:07-cv-00156-RFD-MEM Document 3 Filed 01/31/2007 Page 2 of 8�

disposition of !:Ill)' and alJ ,Iaims all-eged against SOOg&lns thl:ll c.ouW nave been alleged in the

Complaint filed on behalfot Ellhu,. EUias. by hili signature to thi!'i document and the attached

release. has indicated his IC-Cl\ ltance of the tcrn1S and conditions con~ned in this Consent

Decree.

STIPULATED FACTS

3.

P:usuant to LSERR", the porties .cknowled~ tho juris liction of the United

States District Court for the Western District of Louisiana over the suoje.. t matter of this action

and of the parties to this case for the poL "'POse of entering this Decree and, j:'" ne..!cssary. enforcing

this Decree.

4. VCIlue is proper in this district for purposes oftnis Decree and &1Y proceedings

reJated to this Decree r)nJy. SCOggiflS agrees tlll all statutory conditions precedel t tv the

lr.stirut"," of this !3\\'Suit have been fulflled.

m])[NGS

5. Hav:ng examined the terms and provisi\. ns oCthe C.onsc:nt Decree, the C. ,un finds

~he following:

il The Court has jurisdiction over the sul:.iect ma.tr:er ofthis action and H.1 parties to jUs attion.

b. The terms ..-,d provisions of this Consent I.:ecreo are fair. reason:lbJe, am; just. The rights of Scoggins and Ellias are ",.,...,ted adequately by this Decree.

c

1lris Coment Decree confonns with the Federal i~.ules of Civil Procedure

and t:SERRA, and i. Dot in derogation ofthe righ" a.-,d privileges of any

person. Tbe entry of this Consent Decree win fun} ~ the objectives of

USER.RA and other applicable law. and wHl be in me best illterests of the

parties.

·2 -

Case 2:07-cv-00156-RFD-MEM Document 3 Filed 01/31/2007 Page 3 of 8�
NOW, THE..'UWORE,IT IS HER'lBY ORDERED, ADJUDGED ~'ID DECREED AS FOLLOWS:
NON-ADMISSION 6. This Decree, l>eing entered \Viti· the consent oftbe United St3Ic& De;>alimen. of Justice - Civil Rights Diyision,. Ellias, and Sco&.~ns. shall not constitute an adjudication or finding on the merit! oithe ease and shall not be C<lnmued as an admission by Scoggins ofany vioh.Lions ofUSERRA, or any other law. rule or regulation dealing with or in connection with equal emplo}ment opportunities. Scoggins denies any""!'Ongdoing.
NON-Y10l.AT101'l AND NON-IIUALlATlON
I. Scoggins shall not take any action against an) ocnon that constitutes retaliation or interference ·with the exercise- of such person's rights under USi1;RRA because such per~n gave testimony or assistance or participated in any manner in any inves. igali:.lD or proceeding in
connection with t.rus casco
8. Scoggins shall not faii. or refuse to hire any individual. "i.scharge any employee, or take any other adverse action against any employee. based on the militaI) ser.,ice obhgatior. or P3St or present military service status of such individual or employee. in vio'ation ofUSERRA.
REMEDIAL REQUIREME~ 9. Sooggins man pay Ellias the amountofS2.500, to be paid in m m..:tial payment of $1,000 within ten days: afthe Court's entry oftb..:s Decr~ followed by ten a lditiolllL. monthly payments of $150 per month due to Ellias on the first of each subsequent me 1lh.lf Sco~~s fails to effectuate payment to Ellias witbir, ibrcc days ofits due date, 'the entire -.em.~in' olg am nll:t owed shal1 become immediately due and payable. Additionally~ Seoggi'lS shall b-~ 1e£pt- -sible to
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Case 2:07-cv-00156-RFD-MEM Document 3 Filed 01/31/2007 Page 4 of 8�
Elhas for any costs, includiI'.g reason!'hle lttomeys fees. associated with coiJe't;ng any ~""'Ullt due, Each payment to Emas f hall be mute by a cashier's check or money order. The K'taI payment of $2,500 TepiesellIS )1,802 in bb1: wages in rormcction \\-ith ElIiag' discharge, plus mterest on thaI smn of $391. J.'Jus 3CiditipmJ liquidated damages &S al!owed under USERRA. 3& u.s.c. § 4323(d)(1 )ic'. Ellia1 ,han be respOMible for payment of a!1 inco!ne !a..es ..sodated ~'i0; 1ru..q, amount. &.~ s-....11 be responsible for payment of any additional amount of federal ()T ~ tate emplo')'er taXes on the _mount that rep1'esen,ts lost wages,
10. Scoggins shall provide dol..·\l)nentarl evidence ofhavir.g paid EUias each payment
as ;'lfected above by mailing the t-Bnle 1.(; the following address "itbin fourteen days aftc:r this Co ,S.::nt Dxre:: has hcen: entered b:'!he Cour1 for the first payment., and within seven days of ltJ.e
Lint daie for t'3Ch p8}1ncnt thereafter: JeffreyO. Morrison United StAtes Dep.uiment l'f Jw;tice 950 Pennsyh'ania Avenue l\W Civil Rights Division Employmeot Litigation Section. PHB. Room 4500
Wa."Ihington. D.C. 2OS30
DISPUTE RESOLUTlQ'II AND COMPLIANCE The Cc·..o1 shall retainjmisdittion ar.d will have aU available equitable POWCTS, indudinj ~ inj1L"lctivc relief. to enforce this Decree. Upt.!\ motion of either party. the Coon may
schaj.ule :1 he-aring [('If the p'J.lPOSC ofreviCMoing compli8lll.. ~ with uis Decr~. The parties shall
=lIgage in ! (It'd faith efforts to resol\'e any dispilte c.()[lceming compliance prior to seeking review hy the Cour:: The parties shidl be required to giv(,. notice to eact vther t-m (10) days h~fore mo...ing for re rje\Y by the Court, All parties may conduct expe1ired discovery under the Federal
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Case 2:07-cv-00156-RFD-MEM Document 3 Filed 01/31/2007 Page 5 of 8�
RuJes of Civil Procedure for the purpose of a.'termin.ing coq.liance with ,his Decree or defending &g:-tir.st a claim of non-complianee.
MISCELLANJ>2L'l!
12. AU parties shaU bear their O'Nfl cost!;: anri expen1CS of litigation, inelt.. iing
attorneys' fees.
13. Th,s Consent Dewee constitutes the entry of fiilalj\J.:Igment ~ithin th.. mear.:ng of
~-~~e 54 of the Federal Rules of Civil Proced.l.irc OT. all claims assent(! in or that cout~ ha'l<. bee 1 ~ed by Ellias in this action. TI-.e Court retain.; judsdict!on ower this matter, howe.. ~, ·,Jl the purpose of ~ntering appropriate orders interpreting and enforcing this judg:uem
14 lfanyprovision of this Consent Docr,x: is found to be !llllawful. only the sp~:;:i.1.c provision in question shall be atTected and the other provisions will remain in fulJ force and effect.
15. The terms ofthis Consent Decree are and snaIl be bindiug upon the heirs, successaTS, and assigns ofScoggins and i1pOn the heirs, succ!SSOn, and assigns ofElhas.
16. This Consent Decree constitutes the entire agret'11eDt and corr.miunents of tile"parti~. A.."'l)' modifications to this Decree must be mutually agrftd upon and memorialized in a 'Nriting signed by Scoggina and EUias.
EFFECIlVE DAn; 17. The effective date of this Consent Decree shaH be the date upoT. which it is .,lered by the Court.
1S. This Consent Decree shaJ I expire, and this action sh&I be dismissed, without further order of this Court thirty days from the dale thaI dooument&.tion of the Jast paymenl due to
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Case 2:07-cv-00156-RFD-MEM Document 3 Filed 01/31/2007 Page 6 of 8�
ElIias has been sub:nined l -.. ;,:ou.'l~1 for El:ias. 0:- after <:~y di5p'JIC arising hE-de!:hiS COJlEent Deere.!' has bttn f..naliy reso1vc.,". by the Court._ whicae\'er is later. EHias, by and through his
aUorneys. may move, for good C8U9t;.. to exund l~e Consem Decree if the remedial relief ca.Hed for :~erein has not heeD etrectuatod. The t..:'1"\SeIlt D~·ree will not be extended, however. !.BlIess
(he Court gra,"lts Ellias's motion. Any such CXlenb;'\r. may be grar.ted by the Court only for such time as is !1OCC3Sary to eff~"1Care the relief set forth in this CO\b\.....: !"''''.....,.,e.
~ APPROVED and ORDERED th's dlI'~'_:o~~~~~lf- 2001.
UN
Respectfully submitted,
~~N04l78~) Chief ~~~-~ ~~ Bar No.4534931·---Deputy ewer JEFFREY G MORRISON (MO a., No. 444(1) Tnal Attorney u.s. Department ofJustice CiviJ Rights Division Employment Litigation Section 950 Pennsylvania Avenue, NW Patrick Henry Building. Room 4613 Washioglon. DC 20530 TclephmlC; (202)353-1845 Facs;mile: (202) 353-8961

Case 2:07-cv-00156-RFD-MEM Document 3 Filed 01/31/2007 Page 7 of 8�
DONALD W. WASHINGTON
~:tc~.:7..Y ~
K.. .. ~~CENT(18717)
Assistant United State. Attom<}' 800 Lafayette Street, Suite 2200 Lafilyettc, Louj.iana 70501-6832 Telephone. (337) 262-6618
Facsimile: :337)262-6693 ON BEHAL,' OF PLAlNT/f'F SAMUEL G ELL/AS
~d~
SAM!!f! G. EI.L1AS
~Ti(T1JISJCOj.r(~I/fi<fik~LD~~--
Scofield, Goral", Singl..13Iy & Pohorelsky JJOEa!lf'feH5 Stfeel P.O. Drawer 3028 ~~~b~.~R~ Lake Charles LA 70602 Telepho.,; (J;Il}Zl9-2684 (337) 433-9436 ON BEHALF OF DEFENDANTDON A. SCOGGINS
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Case 2:07-cv-00156-RFD-MEM Document 3 Filed 01/31/2007 Page 8 of 8�

APPENDlXA ,ffiU:4SE OF ALL CLAIMS

STATE OF LC'UISL~'1A

)
) $5:
)

For arn in coDsideratil)", ..}fmj' ~~ oftbe ~it~f, Oi an) P.~1 01 i .. to be provided:o me pursuant to the pro":isior;,; _'. -the Consent Decree i hive signt'd and that ~~ . be entered ~ UJe:
cae ofSamuel G. Ellia'i.l:....I&:-. ~ScQggins. d!hIJ Five Sta:. lanjtorial S..Y11n:'~ ., ~e filed in the
'-;t>it::d Sw.es District Lot·rt :0;" 'h! W~tC'nl District of Louisiana, I, SIUIiU\ I ~1. 1 Ilia&. hereby f('t'ever ielease anddischa.-g_· D-.ret·clanl in tbis~ DonA. ~cogg..r.'t r'Sc )g{'in.· ), from all !egal and e<,uitable claim:. a."isiog out of the Complaint to be fJed iD tlus l>.,,:·i~......d USERRA
C!l.iC No. o6·LA~(\4..r'\OO12· iV··G fil.,d \O\lth th~ L"nited States DeparnuE'nt \,1;:':':1..'.)"

1u.·'Ei~ta'1.d .1,Bf- tLe r~liefto be provided to me by Scoggins w,~'!r tJ-ae ."";'.5 of the Cons~nt Decree doe, nol oon,&ritJte an &drr ission by any ofllie paru.e5 ber.!b}< ~i;. ;ed of the v.1.lidi")- ,: cUlyclaim raised 'toy me, or .:n my behalf. I further undc:r!1::""ld that j;...)~.::"lS express!y decie-: M .. i".g \rio!;,i~" any ofJ:1Y leg:>1 righiS and that the payments iotl.J J'.bc::" 'C!1!S and ;-1)l'dj:.~onJ ;.eel forti; ·n this "eie ..;c.art' Ul 5.~ttlemc:nt of disputed claim

This release CC'nsli atCbo the eutire agreement Oetwe'!l1 S~Og&...1l~ did ml, \ tLo":lt L'X!;:r:pllvn or cxc'usion.

I acC:C'wleci.;e f.!la:. c. copy of the Consenl Decree this action '"..o.iS been ~df IVailab!: to
me for my reVJ(:w

! .IA'"E lIE,,"D THIS RELEASE AI'!D UNDERSTA<'iD 1 Hi: CONI :Nl: THEREOF .'D 1 EXECl'rE TIDS RELEASE OF MY O~'N f.'(}.E AC" '1""1> DEED"
Si~nanlTe~il}M~ .samuel G. E.l:ias

M! ::ommiiSi~"; .·xV ;;
cJ ....~ d'""t~
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 CLOSED

U.S. District Court Western District of Louisiana (Lake Charles) CIVIL DOCKET FOR CASE #: 2:07-cv-00156-RFD-MEM

Ellias v. Scoggins Assigned to: Judge Rebecca F Doherty Referred to: Magistrate Judge Mildred E Methvin Cause: 28:451 Employment Discrimination

Date Filed: 01/26/2007 Jury Demand: None Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff Samuel G Ellias

represented by Jeffrey G Morrison U S Dept of Justice (Penn Ave/4613) 950 Pennsylvania Ave N W Rm 4613 Washington, DC 20530 US 202-353-1845 Fax: 205-353-8961 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Katherine W Vincent U S Attorneys Office (LAF) 800 Lafayette St Ste 2200 Lafayette, LA 70501 337-262-6618 Fax: 337-262-6693 Email: katherine.vincent@usdoj.gov ATTORNEY TO BE NOTICED

V. Defendant Don A Scoggins

represented by Scott J Scofield

doing business as Five Star Janitorial Supply

Scofield Gerard et al P O Drawer 3028 Lake Charles, LA 70602 337-433-9436 Fax: 337-436-5205 Email: sscofield@scofieldgerard.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 01/26/2007 01/26/2007 01/31/2007
01/31/2007 07/26/2007

#

Docket Text

1 COMPLAINT against Don A Scoggins, filed by Samuel G Ellias. (Attachments: # 1 Civil cover sheet)(crt,Dean, S) (Entered: 01/26/2007)

2 PROPOSED CONSENT DECREE by Samuel G Ellias, Don A Scoggins. (crt,Dean, S) (Entered: 01/26/2007)

3 CONSENT DECREE: The Clerk of Court is instructed to Administratively Close this matter. A telephone status conference is set on March 31, 2008 at 3:00 p.m. Signed by Judge Rebecca F Doherty on 1/31/07. (crt,Wormser, C) (Entered: 02/01/2007)

Set Hearings: District Judge Telephone Status Conference set for 3/31/2008 03:00 PM before Honorable Rebecca F Doherty. (crt,Wormser, C) (Entered: 02/01/2007)

4 JUDGMENT Considereing the Consent Decree, Rec. Doc. 3 filed on behalf of all parties, and due to all counsel's affirmations to the Court all performance is now complete under the Consent Decree; IT IS HEREBY ORDERED, ADJUDGED AND DECREED that this matter shall be and is DISMISSED, with prejudice, each party to bear its own costs. IT IS FURTHER ORDERED that the telephone conference set for March 31, 2008 is CANCELLED . Signed by Judge Rebecca F Doherty on 7/26/07. (crt,Guidry, C) (Entered: 07/31/2007)

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