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17-024 - Grimsley v. American Showa, Inc.


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17-024 - Grimsley v. American Showa, Inc.
June 8, 2017
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RECUSAL ORDER - Magistrate Judge Michael J. Newman recused. Case reassigned to Magistrate Judge Sharon L. Ovington for all further proceedings. Signed by Magistrate Judge Michael J. Newman on 6/8/2017. (srb)
August 21, 2017
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DECISION AND ENTRY SUSTAINING IN PART AND OVERRULING IN PART DEFENDANT AMERICAN SHOWA, INC.'S, MOTION TO DISMISS PLAINTIFF'S COMPLAINT (DOC.#3); PLAINTIFF MAY SEEK LEAVE TO FILE AN AMENDED COMPLAINT WITHIN FOURTEEN DAYS AS TO COUNT III- For the reasons set forth above, Defendant American Showa Inc. 's, Motion to Dismiss Plaintiff's Complaint, Doc. #3, is SUSTAINED IN PART and OVERRULED IN PART. Those portions of Counts I and II alleging that Plaintiff was retaliated against after complaining of discrimination and harassment based on the race of his partner remain viable. However, Count Ill, alleging discrimination on the basis of sexual orientation, fails to state a claim upon which relief can be granted. Likewise, those portions of Counts I and II alleging that Plaintiff was retaliated against after complaining ofdiscrimination and harassment based on his sexual orientation fail to state a claim upon which relief can be granted. Accordingly, these portions of the Complaint are DISMISSED. Nevertheless, the Court gives Plaintiff 14 days from the date of this Decision and Entry to seek leave to file an Amended Complaint, if he can do so within the bounds of Fed. R. Civ. P. 11, alleging that he was discriminated against because he did not conform to traditional gender stereotypes, based on observable mannerisms, lack of masculine appearance, or behavior, and that he was retaliated against for complaining of discrimination and harassment based on said failure to conform. Signed by Judge Walter H. Rice on 8/21/17. (kma)