Brooks v. Serta Simmons Bedding, LLC

Filing 27

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendant's Motion to Dismiss Plaintiff's First Amended Complaint, Doc. 19 , is DENIED. Signed by District Judge Matthew T. Schelp on 6/4/2024. (TMT)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
JOSHUA BROOKS,
Plaintiff,
vs.
SERTA SIMMONS BEDDING, LLC,
Defendant.

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Case No. 4:24-cv-00097-MTS

MEMORANDUM AND ORDER
This religious discrimination and retaliation action is before the Court on
Defendant’s Motion to Dismiss Plaintiff’s First Amended Complaint for failure to state a
claim upon which relief can be granted. See Doc. [19]; see also Fed. R. Civ. P. 12(b)(6).
After a complete review of the briefing on the Motion, and after considering the proper
standard of review, the Court concludes that Plaintiff’s First Amended Complaint states a
plausible claim for relief on both counts. See Lustgraaf v. Behrens, 619 F.3d 867, 872–
73 (8th Cir. 2010) (motion to dismiss for failure to state a claim standard); see also
Ashcroft v. Iqbal, 556 U.S. 662, 679 (2009) (“[A] complaint that states a plausible claim
for relief survives a motion to dismiss.”); Wilson v. Ark. Dep’t of Hum. Servs., 850 F.3d
368, 372 (8th Cir. 2017) (“‘[I]t is not appropriate to require a plaintiff to plead facts
establishing a prima facie case’ under McDonnell Douglas.” (quoting Swierkiewicz v.
Sorema N.A., 534 U.S. 506, 511 (2002))).
Accordingly,

IT IS HEREBY ORDERED that Defendant’s Motion to Dismiss Plaintiff’s First
Amended Complaint, Doc. [19], is DENIED.
Dated this 4th day of June 2024.

MATTHEW T. SCHELP
UNITED STATES DISTRICT JUDGE

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