Raynor v. G4S Secure Solutions (USA) Inc. et al

Filing 25

AMENDED ORDER re 23 Order on Motion for Judgment on the Pleadings, STRIKING 24 Clerk's Judgment. Signed by Chief Judge Frank D. Whitney on 10/10/17. (clc)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
DOCKET NO. 3:17-cv-00160-FDW-DSC
E. RAY RAYNOR,

)
)
Plaintiff,
)
)
vs.
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G4S SECURE SOLUTIONS (USA) INC., )
et al.,
)
)
Defendants.
)
)

ORDER

THIS MATTER is before the Court sua sponte to amend the Court’s Order entered on
October 4, 2017 (Doc. No. 23) (the “Order”) to the extent set forth herein.
The Order granted Defendants Chuck Brock, Donald S. Zeccardi, Malcolm Burchett, Jr.,
Tifani A. Grusky, and Michael A. Nail’s (the “Individual Defendants”) Motion for Judgment on
the Pleadings (Doc. No. 15) and dismissed without prejudice Plaintiff’s claims against the
Individual Defendants of (1) breach of contract; (2) wrongful discharge; (3) discrimination claims
under 42 U.S.C. 2000e, et seq.; and (4) violation of the North Carolina Constitution.
However, the Order did not dispose of all claims against the Individual Defendants. As
stated in his response, Plaintiff contends that the Complaint states other valid claims against the
Individual Defendants, including claims under 42 U.S.C. §§ 1981, 1985 and for intentional and
negligent infliction of emotional distress. (Doc. No. 1-1; Doc. No. 21). The Individual Defendants
did not file a reply to argue to the contrary and have not filed a second motion for judgment on the
pleadings moving for dismissal of these claims.
Accordingly, the Court AMENDS the Order (Doc. No. 23) to clarify that the Individual
Defendant’s Motion for Judgment on the Pleadings is GRANTED to the extent it seeks dismissal

of Plaintiff’s claims against the Individual Defendants of (1) breach of contract; (2) wrongful
discharge; (3) discrimination claims under 42 U.S.C. 2000e, et seq.; and (4) violation of the North
Carolina Constitution and DENIED to the extent it seeks dismissal of any other claim asserted by
Plaintiff against the Individual Defendants.
Therefore, the Court DISMISSES without prejudice Plaintiff’s claims against the
Individual Defendants of (1) breach of contract; (2) wrongful discharge; (3) discrimination claims
under 42 U.S.C. 2000e, et seq.; and (4) violation of the North Carolina Constitution and
WITHHOLDS judgment on the sufficiency of pleadings for any other claim purportedly asserted
by Plaintiff against the Individual Defendants until properly before the Court.
In accordance with this Amended Order, the Court STRIKES the Judgment entered on
October 4, 2017 (Doc. No. 24).
IT IS SO ORDERED.
Signed: October 10, 2017

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