Drake v. General Electric Company et al

Filing 21

MEMORANDUM. Signed by Judge Colm F. Connolly on 3/10/2025. (mws) ***Copy mailed to Pro Se Plaintiff on 3/10/2025***

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
ERIC DRAKE,

Plaintiff,
Civil Action No. 24-CV-00281CFC

V.

GENERAL ELECTRIC
COMPANY and HENRY
LAWRENCE CULP JR.,
Defendants.

MEMORANDUM

Plaintiff Eric Drake proceeds pro se and has been granted leave to proceed
in forma pauperis. He alleges in his Complaint that Defendants discriminated

against him on account of his race and religion in violation of Title II of the Civil
Rights Act of 1964, 42 U.S.C. § 2000a. D.I. 2 ,r 4. Pending before me is
Defendants' motion to dismiss the Complaint pursuant to Federal Rules of Civil
Procedure 12(b)(l) and 12(b)(6). D.I. 10.
According to the Complaint, which I accept as true for purposes of this
motion, certain doctors have requested Drake to undergo an MRI, and because
Drake has "very sensitive hearing," he "can only undergo an MRI if the hospital
has a silent MRI unit" (emphasis in the original). D.I. 2 ,r 1. Drake claims that
Defendant General Electric (referred to at times by Drake as "GE") manufactures

silent MRI units but has refused to tell him where these units are located on
account of Drake's race and religion. D.I. 2 iJ 1. Drake alleges that Defendant
Culp is the CEO of General Electric and that Drake has "emailed [Culp] 7-times
and noted in the emails that it was an emergency, but Culp never responded."
D.I. 2 iJ 2.
The Complaint alleges a single claim for relief: "Discrimination in Public
Accommodation" in violation of 42 U.S.C. § 2000a. D.I. 2 at 7. Drake seeks by
this claim "an injunction against GE and Culp's refusal to provide locations of
GE's silent MRI unit, so that the Plaintiff may fly, anywhere on the planet to have
this test completed." D.I. 2 ,I 20. Drake also seeks by his Complaint an order that
requires "Defendants to reveal to [Drake] each location of its MRI units that are
considered as 'silent' MRI." D.I. 2 at 9. Drake makes this same request in a
pleading he titled "Request for A Court Order to Obtain Information from General
Electric." D.I. 8. I will treat that filing as an addendum to the Complaint.
Title II "does not create a right to information." Elansari v. Meta, Inc., 2024
WL 163080, at *2 (3d Cir. Jan. 16, 2024). Drake has no right under Title II to
compel General Electric, Culp, or any other person to provide him the location of
silent MRI units. Accordingly, he lacks standing to bring the Complaint, and I will
therefore dismiss the Complaint and deny Drake's Request for A Court Order to

2

Obtain Information from General Electric (D.I. 8) for lack of jurisdiction.
Id. at**l-2.

The Court will issue an Order consistent with this Memorandum.

EF JUDGE

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