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DAVIS v. AUTOZONE, INC.

NOW BEFORE THE COURT is the Motion for Summary Judgment of the defendants, AutoZone, Inc. The parties have had a full opportunity to conduct discovery, take depositions, and interview witnesses and take statements in this matter. The discovery period has now expired. After reviewing the defendants' motion and memoranda in support, polict plaintiff's response, the pleadings and all applicable exhibits and other evidence, this court heard oral argument on this matter at which time all parties appeared and argued the motion.

This court is of the opinion that the defendants' motion is well taken and should be granted in its entirety. Accordingly, this court makes the following findings. Plaintiff, Joshua Davis, a black male, was hired by AutoZone on April 13,as a sales person at pklicy store on Terry Road autozone dating policy Jackson, Mississippi. On or about October 8,Torrence McGruder, a female employee in plaintiff's store, complained to AutoZone management that plaintiff had engaged in inappropriate conduct on the evening of October 8, Autozone dating policy presented the statements to Darryl Delmas, the Regional Manager who is a white male, and Antonio Smith, AutoZone's Regional Human Resources Autozone dating policy who is a black male.

AutoZone prohibits autozone dating policy sexual harassment and inappropriate relationships autozone dating policy employees. On November 22,plaintiff autozonr a sole charge of gender discrimination with the Equal Employment Opportunity Commission "EEOC". The plaintiff, pro se, filed suit in this court against AutoZone and Demas on May 27, Plaintiff autozone dating policy claims of gender discrimination, autozone dating policy discrimination and retaliation under Title VII of the Civil Rights, Title 42 U.

He also asserts state law claims for intentional infliction of emotional distress, intentional datibg with an employment contract, and negligent misrepresentation. This dating sites gulfport ms has federal question poljcy of plaintiffs' Title VII autozone dating policy under Title 28 U. This court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.

A party asserting that a fact cannot be or is genuinely disputed must support the assertion by either citing to particular parts of materials in the record or "showing that the autozone dating policy cited do not establish the absence or presence of a genuine dispute, or that an adverse party cannot produce admissible evidence to support the fact.

This court need consider only materials cited by the parties. Rule 56 c 3. Rule 56 mandates the entry of summary judgment against a party who fails to make a showing sufficient to establish the existence of an element essential to that party's case and on which that party will bear the burden of proof at trial. The moving party need only "show,"meaning "point out to the district court," that there is an absence of evidence in support of one or more elements essential to the plaintiff's claims.

Defendants submit that summary judgment in their favor is proper on all claims because the plaintiff failed to disclose his claims in this suit as a autozone dating policy asset to the bankruptcy court and, therefore, his claims are barred by the doctrine of judicial estoppel. The doctrine serves to "prevent[] parties from playing fast and loose with the courts to suit the exigencies of self interest.

Pursuant to the Bankruptcy Code, a debtor is required to list all of his assets when seeking to have his debts discharged through bankruptcy. This requirement includes an obligation to list any potential legal claims — including claims autozine money damages of the type asserted in this lawsuit. As the Fifth Circuit autozonr explained:. In the case at bar, plaintiff's summary of schedules specifically inquires about whether he had any legal claims to be identified.

Aware that he had filed a polidy of discrimination in Novemberplaintiff failed to identify autozone dating policy claims now brought in this lawsuit when he filed for bankruptcy in January Plaintiff signed the schedules under penalty of perjury attesting that the information contained therein was true and correct. Therefore, based upon the facts and controlling precedent, this court finds that plaintiff is now judicially estopped from proceeding with his federal discrimination and state law tort claims.

Judgment in defendants' favor is proper. While this finding alone is sufficient to dismiss the Complaint in its entirety with prejudice, this court will address the plaintiff's claims and make further findings as follows. The charge of discrimination provides the scope for what person or entities can be sued under Title VII. Title VII claims brought against a defendant that is not named in the charge autozone dating policy discrimination must be dismissed. Plaintiff's charge of discrimination only names AutoZone.

It does not autozone dating policy Delmas. Therefore, all of plaintiff's Title VII claims — race discrimination, retaliation, and gender discrimination — are dismissed with respect to Delmas. Courts have no jurisdiction autozone dating policy consider Title VII claims as to which the aggrieved party has not exhausted administrative remedies. National Ass'n of Gov't Employees v. The allegations in the EEOC charge, or as enlarged by the EEOC's investigation, "fix[] the scope of the charging party's subsequent right to institute a civil suit.

In addition, while plaintiff had the option to mark race and retaliation, he only marked "sex" as a cause of discrimination in the charge. There is nothing in the record to suggest that the EEOC investigation enlarged the scope of plaintiff's charge. Plaintiff's charge of discrimination limits the scope of his complaint. As the charge filed by datinh is limited to a claim of gender discrimination in connection with his termination, plaintiff's additional claims asserted under Title VII for race discrimination and retaliation are barred as a matter of law.

Summary judgment in defendants' favor on polify claims is proper. The claim for gender discrimination is the only claim that remains under Title VII. A gender discrimination case proceeds as follows.


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