United States District Court, W.D. New York
Frederick Florence, pro se. Rochester, New York, for Plaintiff.
John C. Nutter, Esq., Lorisa D. LaRocca, Esq., Woods Oviatt Gilman LLP, Rochester, New York, for Defendant.
DECISION AND ORDER
CHARLES J. SIRAGUSA, District Judge.
Frederick Florence ("Plaintiff") was employed by Studco Building Systems ("Studco") until he resigned following an argument with his supervisor. Plaintiff commenced this action under Title VII, alleging that he suffered discrimination based on his race and national origin. (Docket No. [#1]). Now before the Court is Studco's motion [#10] for judgment on the pleadings pursuant to Federal Rule of Civil Procedure 12(c). The application is granted and this action is dismissed.
On July 28, 2014, Plaintiff commenced this action, proceeding pro se and using a form employment discrimination complaint. On the form Complaint, Plaintiff indicated that he suffered "racial discrimination, " and that his employer discriminated against him on the basis of "national origin, " though he did not indicate his race or national origin. More specifically, Plaintiff indicated that he suffered such discrimination on July 17, 2014, the same day that he quit his job. The facts underlying his claim, in their entirety, are as follows:
On June 17, 2014 me and my supervisor (Ken Barnes) were talking about a issue on the work floor, and I did not like how he was talking to me, he was yelling at me, so I walked out. Then I saw the owner (Gordon) walk in. So I went back to the office. I told Gordon what happened and Ken told his side, and Gordon says to me I do not understand you Americans don't listen. So he finished talking to me and I walked out the office and quit, because I did not feel the respect from them and I felt real disrespected.
Complaint [#1] ¶ 19. On June 18, 2014, Plaintiff filed a discrimination complaint with the Equal Employment Opportunity Commission ("EEOC"). On July 24, 2014, the EEOC issued Plaintiff a "right to sue" letter, indicating that it had investigated his complaint and was unable to conclude that discrimination had occurred.
On January 13, 2015, Studco filed its Answer [#6] to the Complaint. On February 23, 2015, Studco filed and served the subject motion [#10] for judgment on the pleadings. In that regard, Studco maintains that the Complaint fails to state an actionable claim. On March 17, 2015, the Court issued a Motion Scheduling Order [#11], directing Plaintiff to file and serve any response to Studco's motion by March 31, 2015. The Order [#11] further indicated that the Court would hear oral argument on May 28, 2015. However, Plaintiff failed to respond to either Studco's motion or the Court's Order. The Court subsequently cancelled oral argument.
Motion for Judgment on the Pleadings
Defendant has moved for judgment on the pleadings, and "[t]he same standard applicable to Fed.R.Civ.P. 12(b)(6) motions to dismiss applies to Fed.R.Civ.P. 12(c) motions for judgment on the pleadings." Bank of New York v. First Millennium, Inc., 607 F.3d 905, 922 (2d Cir.2010) (citation omitted). Such standard is clear:
Federal Rule of Civil Procedure 8(a)(2) requires only 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. While a complaint attacked by a Rule 12(b)(6) motion to dismiss does not need detailed factual allegations, a plaintiff's obligation to provide the grounds of his entitlement to relief requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do. Factual allegations must be enough to ...