Branch Jr v. Kroger Limited Partnership

Filing 14

ORDER granting 13 Motion to Dismiss. This action is hereby dismissed with prejudice. Signed by Judge J. Leon Holmes on 8/18/2015. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
RAY C. BRANCH, JR.
v.

PLAINTIFF
NO. 4:15CV00351 JLH

KROGER LIMITED PARTNERSHIP

DEFENDANT
ORDER

Ray C. Branch, Jr., commenced this action on June 12, 2015, alleging that Kroger Limited
Partnership discriminated against him in violation of Title VII of the Civil Rights Act. Branch
alleges in his complaint that the act of discrimination occurred on July 8, 2008, and that he filed
charges with the Equal Employment Opportunity Commission on October 14, 2014. He says that
the EEOC issued a right-to-sue letter on March 27, 2015.
Kroger has now filed a motion to dismiss, pointing out that 42 U.S.C. § 2000e-5(e)(1)
requires that an administrative charge be filed within 180 days after the act of discrimination
occurred. Here, according to the complaint, the administrative charge was filed more than six years
after the act of discrimination. Therefore, this action is barred by the period of limitations
established in 42 U.S.C. § 2000e-5(e)(1).
Kroger’s motion to dismiss is GRANTED. Document #13. This action is hereby dismissed
with prejudice.
IT IS SO ORDERED this 18th day of August, 2015.

J. LEON HOLMES
UNITED STATES DISTRICT JUDGE