HOWARD v. AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS

Justia Dockets & Filings Fourth Circuit North Carolina Middle District HOWARD v. AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS

HOWARD v. AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS

Plaintiff:	ROBERT HOWARD
Defendant:	AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS
Case Number:	1:2008cv00483
Filed:	July 16, 2008
Court:	US District Court for the Middle District of North Carolina
Office:	Civil Rights: Jobs Office
County:	Orange
Presiding Judge:
Presiding Judge:	WALLACE W. DIXON
Presiding Judge:	UNASSIGNED
Nature of Suit:	Both
Cause of Action:	Federal Question
Jury Demanded By:	42:2000e Job Discrimination (Employment)

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Date Filed	Document Text
April 27, 2009	Filing 26 MEMORANDUM OPINION AND ORDER signed by JUDGE WILLIAM L. OSTEEN JR. on 04/27/09, that as to Plaintiff's claims for sex and age discrimination under Title VII and the ADEA, only the alleged discrete discriminatory acts occurring between June 19, 2 007 and September 11, 2007 were timely filed. Plaintiff has stated a claim for sex and age discrimination based on allegations of discrete discriminatory acts occurring between June 19, 2007 and September 11, 2007. Finally, Plaintiff has stated a cl aim for wrongful discharge in violation of North Carolina public policy. Accordingly, the remaining claims are (1) Plaintiff's Second and Third Claims for sex and age discrimination under Title VII and the ADEA, respectively, based on discrete a cts occurring between June 19, 2007 and September 11, 2007; (2) Plaintiff's First claim for wrongful discharge in violation of North Carolina Public Policy; and (3) Plaintiff's Fourth claim for retaliation under Title VII and the ADEA. To this extent, Defendant's motion to dismiss is GRANTED in part and DENIED in part. (Law, Trina)
December 12, 2008	Filing 18 MEMORANDUM OPINION and RECOMMENDATION signed by MAG/JUDGE WALLACE W. DIXON on 12/12/2008 that Defendant's motion to dismiss (docket no. 10 ) be GRANTED in part and DENIED in part. To this extent, the court should find that, as to Plaintiff& #039;s claims for sex and age discrimination under Title VII and the ADEA, only the alleged discriminatory acts occurring between June 19, 2007, and September 11, 2007, were timely filed, and therefore only these acts may be considered in address ing Plaintiff's Title VII and ADEA claims. Furthermore, the court should find that Plaintiff has stated a claim for sex and age discrimination based on allegations of discrimination occurring between June 19, 2007, and September 11, 2007. Finally, the court should find that Plaintiff has stated a claim for wrongful discharge in violation of North Carolina public policy. If the court adopts this recommendation, the remaining claims will be (1) Plaintiff's Second and Third clai ms for sex and age discrimination under Title VII and the ADEA, respectively, based on acts occurring between June 19, 2007, and September 11, 2007; (2) Plaintiff's First claim for wrongful discharge in violation of North Carolina public policy; and (3) Plaintiff's Fourth claim for retaliation under Title VII and the ADEA. (Lee, Lisa) Modified on 6/11/2009 to terminate motion - see pleading #26 dated 4/27/2009 (McCarty, Dianne).

Date Filed

Document Text

April 27, 2009

Filing 26 MEMORANDUM OPINION AND ORDER signed by JUDGE WILLIAM L. OSTEEN JR. on 04/27/09, that as to Plaintiff's claims for sex and age discrimination under Title VII and the ADEA, only the alleged discrete discriminatory acts occurring between June 19, 2 007 and September 11, 2007 were timely filed. Plaintiff has stated a claim for sex and age discrimination based on allegations of discrete discriminatory acts occurring between June 19, 2007 and September 11, 2007. Finally, Plaintiff has stated a cl aim for wrongful discharge in violation of North Carolina public policy. Accordingly, the remaining claims are (1) Plaintiff's Second and Third Claims for sex and age discrimination under Title VII and the ADEA, respectively, based on discrete a cts occurring between June 19, 2007 and September 11, 2007; (2) Plaintiff's First claim for wrongful discharge in violation of North Carolina Public Policy; and (3) Plaintiff's Fourth claim for retaliation under Title VII and the ADEA. To this extent, Defendant's motion to dismiss is GRANTED in part and DENIED in part. (Law, Trina)

December 12, 2008

Filing 18 MEMORANDUM OPINION and RECOMMENDATION signed by MAG/JUDGE WALLACE W. DIXON on 12/12/2008 that Defendant's motion to dismiss (docket no. 10 ) be GRANTED in part and DENIED in part. To this extent, the court should find that, as to Plaintiff& #039;s claims for sex and age discrimination under Title VII and the ADEA, only the alleged discriminatory acts occurring between June 19, 2007, and September 11, 2007, were timely filed, and therefore only these acts may be considered in address ing Plaintiff's Title VII and ADEA claims. Furthermore, the court should find that Plaintiff has stated a claim for sex and age discrimination based on allegations of discrimination occurring between June 19, 2007, and September 11, 2007. Finally, the court should find that Plaintiff has stated a claim for wrongful discharge in violation of North Carolina public policy. If the court adopts this recommendation, the remaining claims will be (1) Plaintiff's Second and Third clai ms for sex and age discrimination under Title VII and the ADEA, respectively, based on acts occurring between June 19, 2007, and September 11, 2007; (2) Plaintiff's First claim for wrongful discharge in violation of North Carolina public policy; and (3) Plaintiff's Fourth claim for retaliation under Title VII and the ADEA. (Lee, Lisa) Modified on 6/11/2009 to terminate motion - see pleading #26 dated 4/27/2009 (McCarty, Dianne).

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Defendant: AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS
Represented By:	ELIZABETH CONNOLLY STONE
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Plaintiff: ROBERT HOWARD
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