Parks v. Metro. Sec. Servs., Inc.

2 Citing cases

  1. Spencer v. Sonic Drive Inn

    CIVIL ACTION NO. 4:18CV-00101-JHM (W.D. Ky. Sep. 25, 2018)

    This is insufficient to hold Market individually liable. See Bardwell v. Shoney's Rest., 2018 WL 1660827, at *2 (W.D. Ky. Apr. 5, 2018)(dismissing owner of the Shoney's Restaurant); Parks v. Metro. Sec. Servs., Inc., 2014 WL 3784323, at *4 (E.D. Tenn. July 31, 2014); Harris v. Heritage Home Health Care, 939 F. Supp. 2d 793, 798-800 (E.D. Mich. 2013) (collecting cases and holding that individuals cannot be held liable under Title VII based upon their alleged status as "owners"); Dearth v. Collins, 441 F.3d 931, 934-35 (11th Cir. 2006). Accordingly, Spencer's claims against Defendant Market are dismissed for failure to state a claim upon which relief may be granted.

  2. Peterson v. Hopson

    No. 17-2891-JPM-dkv (W.D. Tenn. Aug. 24, 2018)   Cited 2 times
    Dismissing pro se plaintiff's Title VII claims where ninety-day period had expired

    In short, the presumption applies when "the date on which a right-to-sue letter was actually received is either unknown or disputed." Jenkins, 784 F.3d at 266 (citations omitted); see also King, 2000 WL 1478360 at *5 (not applying the presumption because the acceptance of the certified mail by the plaintiff's aunt constituted at least constructive notice); Greene, 2017 WL 3038256, at *5-6 (not applying the presumption because plaintiff received constructive notice when the plaintiff signed for the notice); Parks v. Metro. Sec. Servs., Inc., No. 1:13-CV-412, 2014 WL 3784323, at *3 (E.D. Tenn. July 31, 2014)(applying the five-day presumption because there were no averments in the complaint when the plaintiff received the notice); Garrett v. Johnson, No. 3:13-CV-531, 2014 WL 2006776, at *2 (E.D. Tenn. May 16, 2014)(applying the five-day presumption because plaintiff made no averments in the complaint regarding when the letter was received nor submitted evidence on the question). In this case, the date the notice was received is known as Peterson avers in the complaint that she received the notice on August 31, 2017.