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Rosenbloom v. Hunley

United States District Court, W.D. North Carolina, Asheville Division

April 9, 2019

SHANNON ROSENBLOOM, Plaintiff,
v.
DEE HUNLEY, KAREN REID, and HAND AND STONE MASSAGE AND FACIAL SPA, Defendants.

          MEMORANDUM AND RECOMMENDATION

          W. Carleton Metcalf, United States Magistrate Judge.

         This matter is before the Court on a Motion to Dismiss by Defendants Dee Hunley and Karen Reid (Doc. 7) and a Motion to Dismiss by Defendant Hand and Stone Massage and Facial Spa (Doc. 10).[1] The Motions have been referred to the undersigned pursuant to 28 U.S.C. § 636(b)(1)(B). The issues have been fully briefed, and the matter is now ripe for ruling. Following a review of the parties' submissions and applicable authorities, and for the reasons addressed below, the undersigned recommends that the Motions to Dismiss be granted.

         I. Procedural Background

         Plaintiff, proceeding pro se, initiated this employment discrimination action on September 12, 2018. See Compl. (Doc. 1). Plaintiff also filed a motion to proceed in forma pauperis, which was granted. See (Doc. 3).

         On November 26, 2018, Hunley and Reid filed their Motion to Dismiss (Doc. 7) and a Memorandum in Support (Doc. 8).

         The same day, H&S Asheville filed its Answer (Doc. 9).

         On December 20, 2018, H&S Asheville filed its Motion to Dismiss (Doc. 10) and a Memorandum in Support (Doc. 11).[2]

         On March 5, 2019, the Court advised Plaintiff regarding the pending motions and extended the deadline for Plaintiff to respond.

         Plaintiff filed a timely response (Doc. 14), and Defendants replied (Doc. 15).

         II. Factual Background

         Viewing Plaintiff's Complaint in the light most favorable to her, the facts appear to be as follows:

Plaintiff was an employee of H&S Asheville. Compl. (Doc. 1) at 3. Plaintiff's Complaint does not describe the business of H&S Asheville, but the undersigned will presume its assumed name is self-explanatory.

         Hunley was the spa manager, and Reid was a “spa associate.” Id. at 2.

         Plaintiff alleges that she was discriminated against in October and November of 2017 in the following ways: (1) Plaintiff's employment was terminated; (2) her disability was not accommodated; (3) there were unequal terms and conditions of her employment; (4) she was retaliated against; (5) she was kicked and told to “stay in the back”; (6) her name was slandered; and (7) her service dog was kicked out, and proof was demanded that the animal was a service dog. Id. at 3, 4, 6.

         Plaintiff alleges that this discrimination was directed toward her because of her disability. In particular, Plaintiff describes herself as being mentally disabled and suffering from bipolar disorder, type I; borderline personality disorder; and psychotic tendencies. Id. at 4.

         After Plaintiff's employment was terminated, she “went into psychosis” and was admitted ...


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