UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION

JOSHUA BROOKS, ) ) Plaintiff, ) ) vs. ) Case No. 4:24-cv-00097-MTS ) SERTA SIMMONS BEDDING, LLC, ) ) Defendant. )

MEMORANDUM AND ORDER This religious discrimination and retaliation action is before the Court on Defendant’s Motion to Dismiss Plaintiff’s First Amended Complaint for failure to state a claim upon which relief can be granted. See Doc. [19]; see also Fed. R. Civ. P. 12(b)(6). After a complete review of the briefing on the Motion, and after considering the proper standard of review, the Court concludes that Plaintiff’s First Amended Complaint states a plausible claim for relief on both counts. See Lustgraaf v. Behrens,

, 872– 73 (8th Cir. 2010) (motion to dismiss for failure to state a claim standard); see also Ashcroft v. Iqbal,

(2009) (“[A] complaint that states a plausible claim for relief survives a motion to dismiss.”); Wilson v. Ark. Dep’t of Hum. Servs.,

(8th Cir. 2017) (“‘[I]t is not appropriate to require a plaintiff to plead facts establishing a prima facie case’ under McDonnell Douglas.” (quoting Swierkiewicz v. Sorema N.A.,

(2002))). Accordingly, IT IS HEREBY ORDERED that Defendant’s Motion to Dismiss Plaintiffs First Amended Complaint, Doc. [19], is DENIED. Dated this 4th day of June 2024. Th | THEW T. SCHELP UNITED STATES DISTRICT JUDGE

_2-