HOUSTON - A Humble woman's sexual harassment lawsuit was recently remanded to a state district court, recent court records show.
U.S. District Court Judge Vanessa D. Gilmore issued an order sending Macie Wyly's case against Life Time Fitness Inc. back to Harris County District Court on May 7.
Wyly sued Life Time after it reportedly terminated her for lodging a sexual harassment complaint.
The plaintiff, who worked as a lifeguard splitting time between the defendant’s facilities in Kingwood and near Lake Houston during the course of her employment, alleges the Kingwood property's general manager often exhibited inappropriate behavior toward her.
James Cantrell, who is not a defendant, flirted with Wyly and made sexual comments, the original petition says.
Cantrell's alleged actions and misconduct were reported, but the plaintiff “never received any response to her complaint.”
The suit further argues that the defendant removed Wyly from the work schedule in early 2012, and she learned of her termination when the gym would not accept her employee membership shortly afterwards.
Wyly initiated the litigation in Harris County on Feb. 7.
Life Time transferred the suit to Houston federal court a month later.
The plaintiff submitted a motion to remand on April 2 stating "the amount in controversy requirement is not met."
Attorney Carolyn A. Russell of Ogletree Deakins in Houston is representing the respondent.
Case No. 4:13-CV-615