Williams v. Charlotte Mecklenburg Board of Education

Filing 27

ORDER denying 21 Motion for Judgment on the Pleadings. Signed by Magistrate Judge David S. Cayer on 07/07/2014. (jlk)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO. 3:13-CV-292-DSC
ELLIS LEON WILLIAMS,
Plaintiff,
v.
CHARLOTTE-MECKLENBURG
BOARD OF ELECTION,
Defendant.

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ORDER

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THIS MATTER is before the Court on “Defendant’s Second Rule 12(c) Motion for
Judgment on the Pleadings” (document #21), as well as the parties briefs and exhibits.

See

documents ##21, 22, 25 and 26.
The parties have consented to Magistrate Judge jurisdiction under 28 U.S.C. § 636(c),
and this Motion is now ripe for the Court’s determination.
The Court has carefully reviewed the parties’ arguments, the authorities and the record.
At this early stage in the proceedings, and taking all factual allegations in the light most
favorable to Plaintiff, his Amended Complaint plausibly supports an inference that his
performance evaluation was intentionally reduced to a score lower than his non-protected
comparator because of race and that he was selected for discharge as a result of that evaluation.
For this and the other reasons stated in Plaintiff’s brief, Defendant’s Motion will be denied.
IT IS HEREBY ORDERED that:
1.

“Defendant’s Second Rule 12(c) Motion for Judgment on the Pleadings”

(document #21) is DENIED.

2.

The Clerk is directed to send copies of this Order to the parties’ counsel.

SO ORDERED.
Signed: July 7, 2014