Grimsley v. American Showa, Inc.

Grimsley v. American Showa, Inc.

Plaintiff:	Edward Grimsley
Defendant:	American Showa, Inc.
Case Number:	3:2017cv00024
Filed:	January 31, 2017
Court:	US District Court for the Southern District of Ohio
Office:	Dayton Office
County:	MONTGOMERY
Presiding Judge:	Walter H. Rice
Nature of Suit:	Employment
Cause of Action:	42 U.S.C. § 1981
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
August 21, 2017	Filing 15 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- F or 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, tho se 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)
June 8, 2017	Filing 14 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)

Date Filed

Document Text

August 21, 2017

Filing 15 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- F or 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, tho se 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)

June 8, 2017

Filing 14 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)

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Plaintiff: Edward Grimsley
Represented By:	George M Reul, Jr
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Defendant: American Showa, Inc.
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