]http://chronicle.augusta.com/latest-news/2012-09-14/paula-deen-case-stays-federal-court]This is an interesting article, as it shows some more odd behavior. Lawyerly stuff. But it is a bit stinky looking. Not exciting, because it is from long before this current publicity about the case.
Friday, Sept. 14, 2012 6:45 AM
SAVANNAH, Ga. -- A federal judge has rejected an attempt to return a lawsuit against Savannah celebrity chef Paula Deen and her family run enterprises to state court, calling arguments by the plaintiff’s lawyers absurd.
U.S. District Judge William T. Moore Jr., in an 11-page order filed Aug. 23, ruled arguments by attorneys for the former general manager of Uncle Bubba’s seafood house “simply def(y) logic and borders on the ludicrous".
At issue is which court should hear the suit by Lisa T. Jackson, who alleges she was the victim of sexual harassment and a persistent pattern of racial discrimination in the workplace at Uncle Bubba’s Seafood and Oyster House Inc. on Whitemarsh Island. The restaurant is operated by Deen’s brother, Earl W. “Bubba” Hiers.
Jackson’s initial suit before Chatham County Superior Court Judge Louisa Abbot steered clear of federal claims, relying on alleged Georgia law violations.
Her amended suit, filed a month later, asserted claims under federal law, which defense lawyers argued presented a jurisdictional issue.
Deen’s lawyers moved the case to federal court. In response, Jackson’s lawyers tried to move it back to superior court.
They argued that because Deen’s defense team had not removed the first case, they could not remove the amended complaint.
Moore said his review of the case left him “with the distinct impression that (Jackson’s lawyers) drafted it in such a way as to specifically avoid federal court.”
He ruled the initial suit was not removable, adding those lawyers never alleged violations of federal law by the defendants. He said “it is odd to think” the case is now removable simply because defense attorneys have turned state claims into federal causes of action.
“So, to now say that the initial complaint was removable because defendants incorrectly identified the state claim as (federal) claims, which had never been part of this case, simply defies logic and borders on the ludicrous,” Moore ruled.
Attorneys for Deen and her enterprises, which include The Lady & Sons Restaurant, deny the allegations and charge the litigation is designed to damage Deen’s reputation and the value of her business.
Just to clarify, I have not stated that I am a fan of Deen's show. I've seen it a few times when watching TV with my late mother. Like most restaurant professionals, I prefer
Iron Chef and
Ramsey's Kitchen Nightmares. I am also not a fan of plantation weddings or other precious princess/bridezilla indulgences, but explained that they are commonplace here, mostly to show they are not unique to Deen. People also like to do weddings at Viscaya in Miami - Al Capone's old estate - because it is pretty, and they sometimes do 1930's Mafia style theme weddings there. Tacky, yes; he was a terrible, murderous man, and the Mob were god awful in general along those lines. Plantations are soaked in centuries of blood, too. Both Viscaya and plantations are also beautiful settings as to architectural grandeur and landscaping, which is the main reason people get married at them. However, even the over-the-top historical re-enactment theme plantation weddings are not quite the scene of macabre, nightmarish extravaganza that seem to be popping up in people's minds.
The main point of my postings and arguments are about the web and media flame up, which I see as very similar in scope and vehemence to what happened in Shirley Sherrod's case. Whether Deen is guilty of any, all, or none of the allegations has not yet been determined in the court. Not that it matters at this point, one way or the other. She is completely destroyed as of days ago. 'Tis moot, in other words.
Again, as I stated in earlier postings, the allegations are extremely alarming and describing egregious, outrageous abuse. I have been a general manager and a co-owner/general manager in my 35 year career in the fine dining restaurant business. Normally, that fact would make me a natural ally of Jackson. But things are being done out of order, way, way, way late, and in the inappropriate method if you are a caring, professional manager who is doing your legal and moral duty to protect your employees, and yourself.
I would like to know
why Ms. Jackson did not alert the EEOC, the Dept. of Labor, etc. to get help for her employees and stop that abuse. It is her
legal responsibility to do that. It can be done anonymously. As stated in the required Notice Postings that should be on display in every workplace for every employee to refer to. "Fear of retaliation" is no excuse in her case, and it should not be any employee's fear, either. The laws protect the safety and anonymity of whistleblowers. They are not named publicly prior to the criminal court trial that follows when the agencies swoop down and investigate the allegations and find confirming evidence. A general manager is by definition and scope of responsibility legally a proxy owner. They hire, they supervise, they sign checks, they prepare tax return documentation and they are required by law to read and sign acknowledgement forms, which are then kept on file by those agencies, of all state and federal workplace laws, codes of conduct, safety procedures, IRS reporting procedures, OSHA safety procedures, Worker's Compensation Insurance procedures, etc. etc. etc.
WHY, in the course of her five years' tenure as general manager, did Ms. Jackson not alert the authorities? If she or any employee had done so, these allegations would have generated an immediate acknowledgement from the feds and/or state agencies. Those agencies would have then conducted a thorough investigation, interviewing every one, auditing the company's documents, emails, etc. When evidence indicating and/or confirming abuses is gathered, the agents then file criminal court proceedings. After the criminal case is concluded, and wrong doing is proved and a conviction results, is when you file suit for compensatory and/or punitive damages. You don't sit on your butt for five years, while your employees and you suffer under a monstrous owner and his pig headed sister co-owner, and then suddenly decide to file 1.2 million dollar lawsuit. Which, coink-a-dinkily, was filed right after the defendant settled out of court on a completely different matter, which you, as a daily witness, a general manager, being privy to owner conversations as a matter of routine, may actually have heard just how much cash was handed over.
As to Deen's future, I only hope she does not hurt herself or lose her mind. Whether she's a stupid old bigot or not. Human beings are rarely all evil, or all good. As a southerner, I do not so much condone or apologize or rationalize the behavior of old bigots, as I just am embarrassed and bored by them. We are surrounded, all of us, every where, by human stupidity and blind ignorance. That's pretty much a given. I don't really see how the raging and shit storming all over the media and web by private citizens and journalists and corporate spokes units over the belief or proof that she is an old bigot is going to help any victim, or educate the bigot, for that matter.
