Eldib v. Bass Pro Outdoor World, L.L.C. et al
Filing
7
OPINION. Signed by District Judge John A. Gibney, Jr on 7/29/2015. (jsmi, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division
AHMED ELDIB,
Plaintiff,
V.
Civil Case No. 3:15-cv-118
BASS PRO OUTDOOR WORLD, L.L.C
d/b/a BASS PRO SHOPS OUTDOOR WORLD,
Defendant.
OPINION
In February 2013, Ahmed Eldib went to a local Bass Pro Shops ("Bass") store to pick up
an AR-15 assault rifle he ordered from an out-of-state dealer. The staff at Bass refused to give
Eldib the rifle due to his alien status. As a result, Eldib claims that Bass intentionally inflicted
severe emotional distress on him by mistreating him and making racially-charged comments
based on his citizenship. Bass filed a motion to dismiss under Rule 12(b)(6) of the Federal Rule
of Civil Procedure. Despite outlining an understandably fhistrating customer service experience,
Eldib's complaint fails to state a claim for intentional infliction of emotional distress because he
does not show that Bass engaged in extreme and outrageous conduct or that he suffered severe
emotional distress. Upon review of the complaint, the Court grants the motion to dismiss and
denies Eldib leave to amend because the proposed amendment would be futile.
1. FACTS
In 2013, Eldib, a legal resident alien residing in Virginia,^ purchased an AR-15 assault
rifle from an independent dealer in Georgia. The dealer shipped the gun to Bass in Ashland,
Eldib has since become a United States citizen.
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