ST. LOUIS — A food processing company facing a civil-rights employment and job discrimination lawsuit filed in Lincoln County wants that case heard instead in federal court.
Counsel for defendants DG Foods, Mark Baumann and Keisha Sohn filed a five-page notice of removal on Nov. 19 asking that the case, Richardson et al v. DG Foods, Inc. et al, be removed to the U.S. District Court for Missouri's Eastern District. All defendants in the case consent to the case being removed to the federal court, according to the notice of removal.
The plaintiffs in the case, led by Tony A. Richardson, are Devin Richardson, Dalton N. Richardson, Kane B. Taylor, Bailey J. Miller and Dominick Upton.
U.S. District Court Chief Magistrate Judge Nannette A. Baker
The plaintiffs filed their lawsuit in August in the Lincoln County Circuit Court alleging Missouri Human Rights Act and common law violations. In October, the plaintiffs filed a first amended petition in the circuit court in which they withdrew their Missouri Human Rights Act claims and alleged violations under the U.S. Civil Rights Act of 1964.
"Plaintiffs' allegations arising under Missouri law derive from a common nucleus of operative fact as the gravamen of plaintiffs' claims arises from plaintiffs' claims purportedly raised under federal law," the notice of removal said.
"Federal courts have original jurisdiction over claims or rights arising under the Constitution, treaties or laws of the United States," the notice of removal to the district court said. "As such, this Court has original jurisdiction over this action in that Plaintiffs allege violations of rights arising under federal law."
The case, No. 4:18-cv-01952 in Missouri's Eastern District Court, has been assigned to Chief Magistrate Judge Nannette A. Baker.