Moyo v. Direct Energy et al

Filing 19

MEMORANDUM. Signed by Judge James K. Bredar on 2/8/13. (c/m 2/8/13 jnls, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
NDABEZINHLE MOYO

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Plaintiff

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v.

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DIRECT ENERGY, et al.

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Defendants
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CIVIL CASE NO. JKB-12-1155

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MEMORANDUM
Pending before the Court is the MOTION TO DISMISS PLAINTIFF’S COMPLAINT
(ECF No. 10) filed by Defendant. The Plaintiff has responded to the Motion (ECF No. 17) and
the Motion is ripe for resolution.
The Motion will be granted in an accompanying Order. The Plaintiff did not bring this
matter to the attention of the Equal Employment Opportunity Commission within the requisite
300 days and thus, this Court lacks subject matter jurisdiction. Further, the Plaintiff has not
persuaded the Court that the statutes under which he sues have extra territorial effect. In other
words, given that the conduct about which the Plaintiff complains evidently all occurred in
Canada, the Court is not persuaded that relevant U.S. law applies, even if the alleged facts are all
true. Lastly, none of the Defendant’s claims are supported by allegations of facts such that the
claims are plausible.
Upon the foregoing, the Court concludes that dismissal is appropriate. An Order of
Dismissal will accompany this Memorandum.
DATED this 8th day of January, 2013.
BY THE COURT:

/s/
James K. Bredar
United States District Judge