Laborde v. Mount Airy Casino

Filing 21

ORDER 1. The Report & Recommendation (UR&R"). (Doc. 17), is ADOPTED for the reasons discussed therein. 2. Defendant's Objections, (Doc. 19). are OVERRULED. Defendant raises two objections: (1) the R&R erred in finding that Plaintiff plausib ly alleged that he was terminated because of his disability and/or because of his use of FMLA leave; and (2) the R&R erred because it failed to address Defendant's argument that Plaintiffs wrongful conduct negates any inference of discrimination . As to the first objection, Plaintiff has plead that around the general time his employer became aware of his disability and around the general time he took FMLA leave, Plaintiff was terminated. Examining the pleadings in a light most favorable to the Plaintiff, this is sufficient to create a reasonable inference that Plaintiff was terminated because ofhis disability and/or his use of FMLA leave. Defendant cites to authority that mere awareness of adisability by an employer and mere temporal proximity of a termination to FMLA leave are both insufficient to raise an inference of discrimination. The cases Defendant cites, however, all concerned motions for summary judgment, not motions to dismiss for failure to state aclaim. At the pleadin g stage, Plaintiff allegations are sufficient to state aclaim and proceed to discovery. As to the second objection, even if the R&R did not address one of Defendant's arguments-Plaintiff admission of his own wrongful conduct in the complaint neg ates any inference of discrimination-the error, if any, is harmless because the argument is without merit. As discussed above, Plaintiff has raised areasonable inference in his complaint that he was terminated because of hisdisability and/or his use of FMLA leave. Defendant cites no authority for theproposition that, on amotion to dismiss, aPlaintiffs admission of his or her own wrongful conduct negates an otherwise reasonable inference of discrimination, or necessarily precludes Plaintiff from pleading aprima facie case of discrimination. Plaintiff is not required to satisfy the same standard here as he will be required to satisfy at the summary judgment stage.3. Defendant's Motion to Dismiss, (Doc. 8), Plaintiffs Amended Complaint isDENIED. Signed by Honorable Robert D. Mariani on 1/11/17 (jfg)

THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

RODNEY LABORDE,

Plaintiff,

v.

3:16·CV·769
(JUDGE MARIANI)

MOUNT AIRY CASINO,

Defendant.
ORDER

AND NOW, THIS trfHDAY OF JANUARY, 2017, upon de novo review of
Magistrate Judge Carlson's Report & Recommendation, (Doc. 17). IT IS HEREBY
ORDERED THAT:
1. The Report & Recommendation (UR&R"). (Doc. 17), is ADOPTED for the reasons
discussed therein.
2. Defendant's Objections, (Doc. 19). are OVERRULED. Defendant raises two
objections: (1) the R&R erred in finding that Plaintiff plausibly alleged that he was
terminated because of his disability and/or because of his use of FMLA leave; and

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(2) the R&R erred because it failed to address Defendant's argument that Plaintiffs
wrongful conduct negates any inference of discrimination. As to the first objection,
Plaintiff has plead that around the general time his employer became aware of his
disability and around the general time he took FMLA leave, Plaintiff was
terminated. Examining the pleadings in a light most favorable to the Plaintiff, this is
sufficient to create a reasonable inference that Plaintiff was terminated because of

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his disability and/or his use of FMLA leave. Defendant cites to authority that mere
awareness of a disability by an employer and mere temporal proximity of a
termination to FMLA leave are both insufficient to raise an inference of
discrimination. The cases Defendant cites, however, all concerned motions for
summary judgment, not motions to dismiss for failure to state a claim. At the
pleading stage, Plaintiff allegations are sufficient to state a claim and proceed to
discovery. As to the second objection, even if the R&R did not address one of
Defendant's arguments-Plaintiff admission of his own wrongful conduct in the
complaint negates any inference of discrimination-the error, if any, is harmless
because the argument is without merit. As discussed above, Plaintiff has raised a
reasonable inference in his complaint that he was terminated because of his
disability and/or his use of FMLA leave. Defendant cites no authority for the
proposition that, on a motion to dismiss, a Plaintiffs admission of his or her own
wrongful conduct negates an otherwise reasonable inference of discrimination, or
necessarily precludes Plaintiff from pleading a prima facie case of discrimination.
Plaintiff is not required to satisfy the same standard here as he will be required to
satisfy at the summary judgment stage.
3. Defendant's Motion to Dismiss, (Doc. 8), Plaintiffs Amended Complaint is
DENIED.

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