United States District Court, N.D. Alabama, Southern Division
LALA E. RANDLE, Plaintiff,
DYNAMIC SECURITY, INC., Defendant.
MEMORANDUM OPINION AND ORDER
VIRGINIA EMERSON HOPKINS, UNITED STATES DISTRICT JUDGE.
a civil action filed by the Plaintiff, Lala E. Randle,
against the Defendant, Dynamic Security, Inc.
(“Dynamic”), her former employer. (Doc. 13). The
Amended Complaint sets out the following counts:
“Sexual Harassment/Hostile [Work] Environment, ”
in violation of Title VII of the Civil Rights Act of 1964, 42
U.S.C. § 2000e, et seq. (“Title
VII”) (Count One); “Sex Discrimination” in
violation of Title VII (Count Two); and
“Retaliation” in violation of Title VII (Count
case comes before the Court on the Defendant's Partial
Motion To Dismiss pursuant to Rule 12(b)(6) of the Federal
Rules of Civil Procedure (the “Motion”). (Doc.
16). The Defendant attacks only Count Two. For the reasons
stated herein, the motion will be GRANTED
and Count Two will be DISMISSED with
the Federal Rules of Civil Procedure require only that the
complaint provide “a short and plain statement of the
claim showing that the pleader is entitled to relief.”
Fed.R.Civ.P. 8(a). However, to survive a motion to dismiss
brought under Rule 12(b)(6), a complaint must “state a
claim to relief that is plausible on its face.”
Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007)
has facial plausibility “when the plaintiff pleads
factual content that allows the court to draw the reasonable
inference that the defendant is liable for the misconduct
alleged.” Ashcroft v. Iqbal, 556 U.S. 662, 678
(2009) (citing Twombly, 550 U.S. at 556)
(“Iqbal”). That is, the complaint must
include enough facts “to raise a right to relief above
the speculative level.” Twombly, 550 U.S. at
555 (citation and footnote omitted). Pleadings that contain
nothing more than “a formulaic recitation of the
elements of a cause of action” do not meet Rule 8
standards, nor do pleadings suffice that are based merely
upon “labels or conclusions” or “naked
assertion[s]” without supporting factual allegations.
Id. at 555, 557 (citation omitted).
claim has been stated adequately, however, “it may be
supported by showing any set of facts consistent with the
allegations in the complaint.” Id. at 563
(citation omitted). Further, when ruling on a motion to
dismiss, a court must “take the factual allegations in
the complaint as true and construe them in the light most
favorable to the plaintiff.” Pielage v.
McConnell, 516 F.3d 1282, 1284 (11th Cir. 2008) (citing
Glover v. Liggett Group, Inc., 459 F.3d 1304, 1308
(11th Cir. 2006)).
RELEVANT ALLEGATIONS IN THE COMPLAINT
Amended Complaint, in pertinent part, sets out the following
8. Plaintiff worked for Dynamic Security from August 19,
2002, until January 6, 2015. Plaintiff's last position at
Dynamic was Regional Manager of Security over portions of
Alabama, Mississippi, and Florida.
25. On November 18, 2014, and again on November 19, 2014,
plaintiff's supervisor Mr. Donnelly demanded that the
plaintiff spend the night with him during a business trip to
Mobile and Montgomery.
26. On or about November 20, 2015, plaintiff complained to
Regional Vice President Jim Banta that Jim Donnelly was
harassing her, and Banta told her to take that up with Jim
27. On or about January 5, 2015, plaintiff complained to HR
Coordinator Sherry Spires about the sexual harassment by
Donnelly, and the next day she was fired.
28. Plaintiff is a member of a group protected by Title VII
29. She was qualified for the position she held with
30. Plaintiff suffered an adverse effect on her employment
(unwanted sexual advances and termination).
31. Plaintiff suffered from differential application of work
or disciplinary rules (males not subjected to sexual advances
or terminated ...