Franklin v. Capitol Hilton Hotel
Franklin v. Capitol Hilton Hotel
Opinion of the Court
Plaintiff, Harry Lee Franklin, Jr., proceeding pro se , brings this action against his former employer, Defendant, Capitol Hilton Hotel.
Defendant moves to dismiss the second amended complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim upon which relief can be granted. Defendant's motion to dismiss ("Mot.") (ECF No. 5) at 1 ¶ 1; Defendant's memorandum ("Mem.") (ECF No. 5) at 1 ¶ 1. Defendant argues that Plaintiff's pleadings, and the allegations therein, fail to establish a prima facie case for disability discrimination. Mem. at 3-4. Plaintiff opposes Defendant's motion to dismiss. See generally , Plaintiff's memorandum in opposition ("Opp.") (ECF No. 9).
The Court finds that Plaintiff has stated a claim for relief, and therefore, Defendant's motion to dismiss is denied without prejudice, for reasons discussed herein.
BACKGROUND
On October 17, 2017, Plaintiff filed his initial complaint in the Superior Court for the District of Columbia. See docket, Harry Lee Franklin v. Capitol Hilton Hotel (No. 2017 CA 006944); Compl. He filed an amended complaint on November 8, 2017. See First Am. Compl. He filed a second amended complaint on November 14, 2017. See Sec. Am. Compl. Defendant was served on or about November 16, 2017. See Service Notice (ECF No. 4 at 15).
Defendant then removed the matter to this Court, pursuant to
Plaintiff puts forth allegations that he was improperly terminated from employment based on his disability. Sec. Am. Compl. at 1 ¶ 1. He alleges that suffers from diabetes ketoacidosis.
Plaintiff indicates in each of his complaints that he filed a grievance with the Equal Employment Opportunity Commission ("EEOC"). Compl. at 1 ¶ 1; First Am. Compl. at 1 ¶ 1, Ex. 3; Sec. Am. Compl. at 1 ¶ 1. Plaintiff attaches the relevant EEOC complaint and decision to his first amended complaint. First Am. Compl. at Ex. 3. The EEOC dismissed the claim on September 7, 2017.
I began working for Respondent in December 2014. In 2015[,] I notified Respondent of my disability. They gave me special accommodations for my disability. On January 20, 2017, I was discharged after not showing up for work for two days. I was terminated for symptoms of my disability. I believe I was discriminated against due to my disability, in violation of the Americans *28with Disabilities Act of 1990, as amended. I would like to sue for monetary and punitive damages in the amount of $50,000 and to get my employment back.
The allegations throughout the complaints are consistent. The attachments to the complaints vary, however, it appears that Plaintiff intended the attachments to the complaints to serve as supplements, rather than to supplant one another. See Sec. Am. Compl. at Exs. 1-2. Furthermore, all of the pleadings are part of the public record in both D.C. Superior Court and/or in this Court.
LEGAL STANDARD
The Federal Rules of Civil Procedure require that a complaint contain " 'a short and plain statement of the claim showing that the pleader is entitled to relief,' in order to 'give the defendant fair notice of what the ... claim is and the grounds upon which it rests.' " Bell Atl. Corp. v. Twombly ,
In evaluating a Rule 12(b)(6) motion to dismiss for failure to state a claim, a court must construe the complaint in a light most favorable to Plaintiff and must accept as true all reasonable factual inferences drawn from well-pleaded factual allegations. In re United Mine Workers of Am. Employee Benefit Plans Litig. ,
However, a plaintiff must provide more than just "a sheer possibility that a defendant has acted unlawfully." Iqbal ,
Under Rule 12(b)(6), a court is limited to considering the facts alleged in the complaint, any documents attached to or incorporated in the complaint, matters of which a court may take judicial notice, and matters of public record. See EEOC v. St. Francis Xavier Parochial Sch. ,
ANALYSIS
Defendant argues that Plaintiff's failure to sufficiently identify the elements of a prima facie case of discrimination under the ADA requires dismissal of the second amended complaint. Mem. at 3-4. This argument is meritless. A plaintiff's employment discrimination complaint need not allege specific facts establishing a prima facie case of discrimination. Swierkiewicz v. Sorema N.A. ,
Plaintiff's operative complaint, as well as his previously filed complaints, satisfy this threshold. Plaintiff clearly alleges that he was terminated wrongfully from employment because of his disability in violation of the ADA. See Compl. at 1 ¶ 1; First Am. Compl. at 1 ¶ 1, Ex. 3; Sec. Am. Compl. at 1 ¶ 1. In fact, Defendant's motion to dismiss itself shows a clear understanding of Plaintiff's intended causes of action. Based on the consistent allegations and exhibits submitted by Plaintiff since before September 2017, Defendant has undoubtedly had requisite notice of Plaintiff's claims. See
CONCLUSION
For the foregoing reasons, the Court shall DENY without prejudice Defendant's motion to dismiss (ECF No. 5). The Court shall hold an initial scheduling conference with the parties to discuss how to proceed with discovery and to clarify any outstanding issues. A separate order accompanies this memorandum opinion.
Defendant indicates that Plaintiff sued the incorrect entity. Mem. at 1, n.1. Defendant states that Hilton Management, LLC is the appropriate entity for suit.
Reference
- Full Case Name
- Harry Lee FRANKLIN, Jr. v. CAPITOL HILTON HOTEL
- Status
- Published