Scott v. Virginia Port Authority et al

Filing 79

Memorandum Order : The Court hereby accepts and adopts the findings and recommendations filed on 2/7/2018. Specifically, VIT's motion to dismiss is GRANTED and count two is dismissed with prejudice, and count five is dismissed without prejudice; Brewer's motion to dismiss is GRANTED in part and DENIED in part and count one is dismissed with prejudice as against Brewer in his individual capacity; HRSA's motion to dismiss is GRANTED and count four is dismissed with prejudice; Local 1624's motion to dismiss and motion to quash are GRANTED and count three is dismissed without prejudice, and Plaintiffs request for entry of default is DENIED. Plaintiffs additional request for leave of Court for an extension to serve Local 1624 the amended complaint is DENIED. Signed by District Judge Raymond A. Jackson on 3/27/2018. (jrin, )

r i-

FILED

mi 2 7 2018
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA

CLERK, U.S. DISTRICT COURT
NORFOLK. VA

Norfolk Division

RODNEY O. SCOTT,

Plaintiff,
CIVIL ACTION NO. 2:17cvl76

V.

VIRGINIA PORT AUTHORITY, et al.,
Defendant.

MEMORANDUM ORDER

This matter is before the Court on motions to dismiss filed by defendants Virginia
International Terminals, LLC ("VIT"), ECF No. 37; Michael L. Brewer ("Brewer"), ECF No. 35;
Hampton Roads Shipping Association ("HRSA"), ECF No. 39; and International Longshoremen's

Association, Local 1624 ("Local 1624"), ECF No. 61; a motion to quash filed by Local 1624, ECF
No. 58; and a request for entry of default against Local 1624 filed by plaintiff, Rodney O. Scott
("Scott"), ECF No. 60. The motions to dismiss filed by VIT, Brewer, and HRSA were referred to

the Magistrate Judge on October 23,2017. The motion to dismiss filed by Local 1624, motion to
quash filed by Local 1624, and Scott's request for entry of default were referred to the Magistrate
Judge on February 5, 2018.
I.

FACTUAL AND PROCEDURAL HISTORY

The procedural and factual history of this is case is intricate and extensive, and the United
States Magistrate Judge detailed it thoroughly. On June 16,2016, Plaintiff filed formal charges of
employment discrimination with the United States Equal Employment Opportunity Commission
("EEOC") alleging violations of Title VII of the Civil Rights Act against Virginia Port Authority
1