Brown v. Trinity Service Group

Filing 14

ORDER granting 10 Motion to Dismiss. The court GRANTS the defendant's motion to dismiss [D.E. 10] counts one and three. Signed by Chief Judge James C. Dever III on 10/16/2017. (Briggeman, N.)

IN TilE UNITED STATES DISTRICT COURT
FOR TilE EASTERN DISTRICT OF NORTII CAROLINA
NORTIIERN DIVISION
No. 2:17-CV-32-D

SHAKEMA BROWN,
Plaintiff,

v.
TRINITY SERVICES GROUP,
Defendant.

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ORDER

On August 28, 2017, Trinity Service Group ("TSG'') moved to dismiss Shak:ema Brown's
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("Brown" or ''plaintiff'') Title VII race discrimination claim in co:unt on~ and stand alone punitive
damages claim in count three [D.E. 10] and filed a memorandum in support [D.E. 11 ]. See Fed. R.
Civ. P. 12(b)(1), (6). On September 12, 2017, Brown responded and admitted that the court lacks
subject-matter jurisdiction over count one and asserted that Brown is seeking punitive damages in
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connection with her 42 U.S.C. § 1981 cla,im in count two. See [D.E. 12] 2-4. On September 26,
2017, TSG replied. See [D.E. 13].
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The court lacks subject-matter jurisdiction over Brown's Title VII race discrimination claim

in count one. Brown did not assert race discrimination in her EEOC charge. See [D.E. 11] 2-4;
[D.E. 11-1]. Thus, this court lacks jurisdiction to consider Brown's Title VII claim in this action.
See, e.g., Jones v. Calvert Gt:p.• Ltd., 551 F.3d 297, 300--{)1 (4th Cir. 2009); Chacko v. Patuxent
Inst., 429 F.3d 505, 509 (4th Cir. 2005); Evans v. Techs. A1mlications & Serv. Co., 80 F.3d 954,
963-64 (4th Cir. 1996).
As for the stand alone punitive damages claim in count three, the claim fails. See, ~'

Baldwin v. Duke Energy Corp., No.2: 12-CV-212-MOC-DSC, 2012 WL 3564021, at *4 (W.D.N.C.

July 13, 2012) (unpublished); Haylash v. Volvo Trucks N.A.• Inc., No. 97-CV-1135, 1998 WL
34262257 at *3 (M.D.N.C. Apr. 10, 1998) (unpublished). Brown may seek punitive damages in
connection with count two.
In sum, the court GRANTS the defendant's motion to dismiss [D.E. 10] counts one and
three.
SO ORDERED. This 1fL day of October 2017.

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