Canal discrimination suit 'dismissed with prejudice'

A suit filed by 15 blacks alleging hiring discrimination by Canal Energy & Services has been dismissed with prejudice by United States District Court Judge Mary Ann Vial Lemmon. Earlier this year, the plantiffs had a complaint dismissed by the Equal Employment Opportunity Commission.

Canal Energy & Services headquarters

Judge Lemmon signed the order of dismissal on Tuesday.

Canal president Steve Fetter, in a prepared statement released through operations manager Terry Rutherford, said, “We have never engaged in discriminatory practices and never will. We are gratified that the summary judgment was granted in our favor and we will continue to vigorously defend ourselves against frivolous allegations in the future.”

          The 13-page order of dismissal:

          http://docs.justia.com/cases/federal/district-courts/louisiana/laedce/2:2010cv04607/144614/16/

A dismissal with prejudice is dismissal of a case on merits after adjudication and the plaintiff is barred from bringing an action on the same claim. Dismissal with prejudice is a final judgment and the case becomes res judicata (a matter judged) on the claims that were or could have been brought in it.

The case, which was styled “Brown et al vs. Canal Energy Services, Inc.,” was filed last Dec. 22 by attorney Mary Anna Penton.

The plantiffs — Sondria Brown, Terris Cramedy, Carlos Gibson, Derrick Mixon, Arthur Mixon, Helen Edwards, Lance Jackson, Darrick May, Derrick McGowan, Preston Murray, Donnell Pigott, Jonathan Lowery, Elvin Pigott, Devon Thompson and Michael Williams — said they applied for employment at Canal in response to a newspaper advertisement.

They claimed Canal employed a practice to screen applicants to determine race and alleged it was “not uncommon” for company representatives to mark “B” on applications submitted by blacks and that Fetter advised his executive assistant that he did not want to hire them (blacks).

The suit sought award back pay, front pay, emotional distress damages, punitive damages, attorney’s fees and court costs.

Following the filing of the suit, an angry Fetter said the applicants were not hired because they were not qualified for the company’s vacancies.

Canal Energy, a worldwide oilfield services company, moved its offices to Bogalusa from Belle Chasse and, despite Fetter’s promise to leave following the following of the suit, is still in operation in the Industrial Park.