Defendant's Attorney: Christine Elaine Reinhard and Richard L. Clifton, Jr.
Description: San Antonio, Texas employment law lawyers represented Plaintiff who sued Defendant Fair Labor Standards Act violation theory.
In the Report, Magistrate Judge Bemporad recommends to this Court that Defendant's Motion for Summary Judgment (docket #30) be GRANTED based on his analysis that: (1) CGT established Plaintiff's position was exempt from the FLSA; (2) Plaintiff's retaliation claims are not supported by the record; and (3) Plaintiff's Title VII and § 1981 claims for discrimination based on race and national origin were waived by the Plaintiff by failing to respond to Defendant's motion for summary judgment, and on the merits fail as a matter of law because: (a) Plaintiff failed to exhaust his administrative remedies as to his national origin discrimination claim and failed to provide any evidence to support this claim; (b) Plaintiff failed to establish a prima facie case for racial discrimination based on a hostile work environment because the evidence shows CGT took “prompt remedial action”; and (c) Plaintiff likewise failed to establish a prima facie case as to his wrongful termination claim based on racial discrimination because Plaintiff failed to identify his replacement or a similarly situated comparator.
Outcome: Accordingly, IT IS HEREBY ORDERED that the Report and Recommendation of United States Magistrate Judge, filed in this case on May 19, 2023 (docket #43), is ACCEPTED such that Defendant's Motion for Summary Judgment (docket #30) is GRANTED and all of Plaintiff's claims and this case are DISMISSED WITH PREJUDICE. IT IS FURTHER ORDERED that motions pending, if any, are also DISMISSED, and this case is now CLOSED.
Renfroe v. CGT U.S. Ltd (W.D. Tex. 2023)
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