Tavares v. United Airlines, Dulles Airport et al

Filing 36

MEMORANDUM OPINION re Defendants' 26 Motion to Dismiss. Signed by District Judge Liam O'Grady on 8/24/15. (dper)

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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA

AUG 2 h 2015

Alexandria Division
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TULLY TAVARES,

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Plaintiff,
v.

United Airlines, et al.,
Defendants.

Civil Action No. l:14-cv-l 121

Hon. Liam O'Grady

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MEMORANDUM OPINION

This matter comes before the Court on a motion to dismiss filed by defendants United

Airlines, Inc., United Continental Holdings, Inc., Marcelo Merlan, and Chris Branch ("the

United defendants"). (Dkl. No. 26). The pro se plaintiff filed an opposition. (Dkt. No. 34). On
August 21, 2015, the Court heard oral argument. During oral argument, the plaintiffsubmitted
additional exhibits to the Court.
I. Procedural History

On August 29, 2014, plaintiff Tully Tavares ("Tavares" or "plaintiff) filed a complaint
against the defendants based on alleged employment discrimination. He filed an amended

complaint on September 2, 2014. He then filed a motion to file a second amended complaint,
which was granted. On September 29, 2014, the second amended complaint was filed. The

United defendants moved for dismissal of the second amended complaint. Following a hearing,
during which the Court discussed with the pro se plaintiff the deficiencies in his complaint, the
Court granted the motion to dismiss without prejudice to the plaintiff to refile his claims within

120 days. (Dkt. No. 24). On May 14, 2015, Tavares filed his third amended complaint against