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Dejan v. Lockheed Martin Corp.
MARY ANN VIAL LEMMON UNITED STATES DISTRICT JUDGE
ORDER AND REASONSIT 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 state-law 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.
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. --------
New Orleans, Louisiana, this 3rd day of January, 2016.
/s/ _________
MARY ANN VIAL LEMMON
UNITED STATES DISTRICT JUDGE
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