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Garcia-Lopez v. G4S Secure Solutions

United States District Court, D. Delaware

March 27, 2018

RICARDO GARCIA-LOPEZ, Plaintiff,
v.
G4S SECURE SOLUTIONS, Defendant.

          Ricardo Garcia-Lopez, Newark, Delaware, Pro Se Plaintiff.

          Charles Arthur McCauley, III, Esquire, Offit Kurman, P.A., Wilmington, Delaware. Counsel for Defendant.

          MEMORANDUM OPINION

          STARK, U.S. DISTRICT JUDGE:

         I. INTRODUCTION

         Plaintiff Ricardo Garcia-Lopez ("Plaintiff) proceeds Pro se and has been granted leave to proceed in forma pauperis. He filed this action pursuant to Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e, et seq., and the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. §§ 1201, et seq., alleging employment discrimination by reason of race and disability. (D.I. 2) Presently before the Court is Defendant's motion to dismiss, which Plaintiff opposes. (D.I. 8, 9, 10, 11) For the reasons that follow, the Court will grant in part and deny in part the motion to dismiss.

         II. BACKGROUND

         Plaintiff was employed by Defendant G4S Secure Solutions ("Defendant"). His employment was terminated on April 29, 2015. Plaintiff alleges that he was the only employee with a worker's compensation case who was terminated for abandoning his post. (D.I. 2) Plaintiff filed a charge of discrimination on February 17, 2016 with the Department of Labor of the State of Delaware.[1] On October 24, 2016, Plaintiff received a right to sue letter from the U.S. Equal Employment Opportunity Commission. (D.I. 2-1)

         III. LEGAL STANDARDS

         Because Plaintiff proceeds pro se, his pleading is liberally construed and his Complaint, "however inartfully pleaded, must be held to less stringent standards man formal pleadings drafted by lawyers." Erickson v. Pardus, 551 U.S. 89, 94 (2007) (internal quotation marks omitted). Defendant moves for dismissal pursuant to Rule 12(b)(6).

         Evaluating a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6) requires the Court to accept as true all material allegations of the complaint. See Spruill v. Gillis, 372 F.3d 218, 223 (3d Cir. 2004). "The issue is not whether a plaintiff will ultimately prevail but whether the claimant is entitled to offer evidence to support the claims." In re Burlington Coat Factory Sec. Litig., 114 F.3d 1410, 1420 (3d Cir. 1997) (internal quotation marks omitted). Thus, the Court may grant such a motion to dismiss only if, after "accepting all well-pleaded allegations in the complaint as true, and viewing them in the light most favorable to plaintiff, plaintiff is not entitled to relief." Maio v. Aetna, Inc., 221 F.3d 472, 481-82 (3d Cir. 2000) (internal quotation marks omitted).

         A well-pleaded complaint must contain more than mere labels and conclusions. See Ashcroft v. Iqbal, 556 U.S. 662 (2009); Bell Atl. Corp. v. Twombly, 550 U.S. 544 (2007). A plaintiff must plead facts sufficient to show that a claim has substantive plausibility. See Johnson v. City of Shelby, ___U.S.___, 135 S.Ct. 346, 347 (2014). A complaint may not dismissed, however, for imperfect statements of the legal theory supporting the claim asserted. See Id. at 346.

         Under the pleading regime established by Twombly and Iqbal, a court reviewing the sufficiency of a complaint must take three steps: (1) take note of the elements the plaintiff must plead to state a claim; (2) identify allegations that, because they are no more than conclusions, are not entitled to the assumption of truth; and (3) when there are well-pleaded factual allegations, assume their veracity and then determine whether they plausibly give rise to an entitlement to relief. See Connelly v. Lane Const. Corp., 809 F.3d 780, 787 (3d Cir. 2016). Deciding whether a claim is plausible will be a "context-specific task that requires the reviewing court to draw on its judicial experience and common sense." Iqbal, 556 U.S. at 679.

         To survive a motion to dismiss under Fed.R.Civ.P. 12(b)(6), a complaint must contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face. See Williams v. BASF Catalysts LLC, 765 F.3d 306, 315 (3d Cir. 2014) (citing Iqbal, 556 U.S. at 678 and Twombly, 550 U.S. at 570). A claim is facially plausible "when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged." Iqbal, 556 U.S. at 678. At bottom, "[t]he complaint must state enough facts to raise a reasonable expectation that discovery will reveal evidence of [each] necessary element" of a plaintiffs claim. Wilkerson v. New Media Tech. Charter Sch. Inc., 522 F.3d 315, 321 (3d Cir. 2008) (internal quotation marks omitted).

         IV. ...


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