United States District Court, W.D. North Carolina, Asheville Division
MEMORANDUM AND RECOMMENDATION
CARLETON METCALF UNITED STATES MAGISTRATE JUDGE.
matter is before the Court on Defendant Greg Hughes'
Motion to Dismiss Plaintiff's Amended Complaint (Doc.
25), which has been referred to the undersigned pursuant to
28 U.S.C. § 636(b)(1)(B). Having carefully considered
the parties' arguments, the record, and applicable
authority, the undersigned respectfully recommends that the
Motion be granted.
Relevant Procedural History
George Murray Simmons, II filed his Complaint on February 4,
2019. (Doc. 1).
Greg Hughes (“Hughes”) filed a Motion to Dismiss
the Complaint and a supporting brief on April 8, 2019. (Docs.
responded on April 22, 2019. (Docs. 17, 18).
replied on April 29, 2019. (Doc. 21). The same day, Plaintiff
filed an “Amended Complaint.” (Doc.
then filed his Motion to Dismiss the Amended Complaint and a
supporting brief. (Docs. 25, 26). Plaintiff responded and
Hughes replied. (Docs. 28, 30, 31).
all reasonable inferences in Plaintiff's favor, he
appears to allege as follows:
was hired as a “night stocker” by Ingles Markets,
Incorporated. (“Ingles”) in or around April of
2018. EEOC Charge (Doc. 26-1) at 2.
5, 2018, Plaintiff and a co-worker complained to Ingles that
an employee was harassing newly hired employees. The
complaint prompted an investigation by Ingles. The employee
engaged in the alleged harassment was the father of the
store's night manager, “Jeff”. Pl.'s Compl.
(Doc. 1) at 4.
retaliation for the filing of the complaint, Jeff threatened
Plaintiff with “write ups” and eventually moved
Plaintiff to work in an aisle of the store that required
Plaintiff to perform tasks Jeff knew Plaintiff was unable to
accomplish due to his physical disability. Id.
23, 2018, Jeff “wrote [Plaintiff] up” for failing
to meet an “undocumented written quota.” After
Plaintiff requested an accommodation and was placed on
modified duties, Jeff changed established procedures to
ensure that Plaintiff was delayed in completing his ...