OATES v. ENRICHMENT SERVICES PROGRAM INC

Filing 8

ORDER granting 5 Motion to Dismiss. Ordered by US DISTRICT JUDGE CLAY D. LAND on 10/30/2018 (tlf).

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
COLUMBUS DIVISION
BENNIE OATES,

*

Plaintiff,

*

vs.

*

ENRICHMENT SERVICES PROGRAM,
INC.,

*

CASE NO. 4:18-CV-69 (CDL)
*
Defendant.
*
O R D E R
Some motions are easier to decide than others.
of those.

This is one

Because Plaintiff has failed to plausibly allege that

his sex was a motivating factor in Defendant’s termination of his
employment, his complaint pursuant to Title VII of the Civil Rights
Act of 1964 (“Title VII”), 42 U.S.C. §§ 2000e to 2000e-17, must be
dismissed.
Plaintiff, who is male, alleges that Defendant fired him when
a

subordinate

female

employee

falsely

accused

him

of

sexual

harassment, although Defendant knew that the female’s accusation
was

false.

The

Plaintiff’s

complaint

contains

no

factual

allegation to support his conclusion that Defendant’s actions were
motivated

in

any

way

by

Plaintiff’s

sex.

His

conclusory

allegations and bare recitals of the elements of a claim are not
enough.

See Ashcroft v. Iqbal, 556 U.S. 662 (2009) and Bell Atl.

Corp. v. Twombly, 550 U.S. 544 (2007).

Thus, Defendant’s motion

to dismiss (ECF No. 5) is granted.
This 30th day of October, 2018.
S/Clay D. Land
CLAY D. LAND
CHIEF U.S. DISTRICT COURT JUDGE
MIDDLE DISTRICT OF GEORGIA

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