United States District Court, W.D. Kentucky, Louisville
CHARLES R. SIMPSON, III, Senior District Judge.
This matter is before the Court on Motion by the Defendant, Compass Group USA, Inc., d/b/a Eurest Dining Services ("Compass"), to Dismiss all claims in Plaintiff Pietro Micca's ("Micca") Complaint (DN 1-2) pursuant to Fed.R.Civ.P. 12(b)(6). DN 5. Fully briefed, the matter is now ripe for adjudication. Having considered the parties' respective positions, the Court concludes that Plaintiff has failed to plead sufficient facts to raise any right to relief. For the reasons set forth below, the Court will grant Defendant's Motion to Dismiss.
Plaintiff, Pietro Micca ("Micca"), was born in the country of Italy and was approximately sixty-two (62) years old at the time he filed the Complaint at issue. DN 1-2. He asserts several claims against his previous employer, Defendant, Compass Group USA, Inc., d/b/a Eurest Dining Services ("Compass"), based on the following allegations.
Micca worked as General Manager of Food Services at Compass for a period of approximately fourteen (14) years. Id. Painting a picture of satisfactory performance, he contends that, during his time as General Manager, Compass designated him as "manager of the year" in at least one year, that he received increased "income, revenue, and profits, " and that he reduced costs and expenses for Compass's operation. Id. He then alleges that on or about September 30, 2013, Compass terminated his "long time employment... without due or just cause." DN 1-2, p. 3. Compass's "actions and conduct, " Micca explains, constituted wrongful termination, harassment, discrimination, and retaliation against him. Id. He therefore concludes that Compass's "acts and omissions" - acts and omissions that, aside from his termination, are not alleged anywhere in the Complaint - were in violation of various federal statutes, laws, rules, and regulations prohibiting unequal and unfair treatment in employment due to age, national origin, and ethnicity. Id.
As a result of Compass's alleged conduct, Micca filed this action in Jefferson Circuit Court asserting violations of: the Kentucky Unlawful Discrimination by and Employer Act, Ky. Rev. Stat. Ann. § 344.040; the Civil Rights Act of 1964, 42 U.S.C. § 2000(e) ("Title VII"); the Age Discrimination in Employment Act, 42 U.S.C. § 621 ("ADEA"); the Civil Rights Act of 1991, 42 U.S.C. § 1991; the Civil Rights Act of 1866, 42 U.S.C. § 1981; the Age Discrimination Act of 1975, 42 U.S.C. § 6101; 42 U.S.C. § 1983, and; the Zero Tolerance Discrimination and Harassment Policy of the Compass Group Associate Handbook. DN 1-2. The matter was removed to this Court, and Compass now moves us to dismiss Micca's Complaint.
To overcome a motion to dismiss, a complaint must contain sufficient facts to state a claim for relief that is "plausible on its face." Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007). As explained in Ashcroft v. Iqbal, 556 U.S. 662, 129 S.Ct. 1937, 1950, 173 L.Ed.2d 868 (2009):
A claim 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. [ Twombly, supra . ] at 556, 127 S.Ct. 1955. The plausibility standard is not akin to a "probability requirement, " but it asks for more than a sheer possibility that a defendant has acted unlawfully. Ibid. Where a complaint pleads facts that are "merely consistent with" a defendant's liability, it "stops short of the line between possibility and plausibility of entitlement to relief.'" Id. at 557, 127 S.Ct. 1955 (bracket omitted).
As noted in Southfield Education Association v. Southfield Board of Education, No. 13-1600, 2014 WL 2900928 (6th Cir. June 26, 2014), "A complaint will be dismissed pursuant to Rule 12(b)(6) if no law supports the claim made, if the facts alleged are insufficient to state a claim, or if the face of the complaint presents an insurmountable bar to relief." Twombly, 550 U.S. at 561-64." Southfield Ed. Assoc., 2014 WL 2900928 at *2. "The factual allegations, assumed to be true, ... must show entitlement to relief" under "some viable legal theory." Id. at *2 (quoting League of United Latin Am. Citizens v. Bredesen, 500 F.3d 523, 527 (6th Cir. 2007)). Threadbare recitals of the elements of a cause of action that are supported by mere conclusory statements, however, will not suffice. Howard v. City of Girard, Ohio, 346 F.Appx. 49, 51 (6th Cir. 2009)(citation omitted).
Compass contends that the Court should dismiss all of the claims contained in Micca's Complaint because the Complaint fails to state any claims that are plausible on their face. Compass alternatively asserts that Micca's Title VII and ADEA claims should be dismissed because Micca failed to exhaust his administrative remedies prior to filing suit. In response, Micca only contests dismissal of his claims of discrimination, harassment, and retaliation under the Kentucky Unlawful Discrimination by an Employer Act ("KUDEA"), Ky. Rev. Stat. Ann. § 344.040. As such, Micca's claims under Title VII, the ADEA, 42 U.S.C. § 1981, 42 U.S.C. § 1983, the Age Discrimination Act of 1975, 42 U.S.C. § 6101, and Compass's Zero Tolerance Discrimination and Harassment Policy will be dismissed, and we will limit our analysis to Micca's claims under the KUDEA.
To that end, we turn to the allegations contained in the Complaint. Micca alleges, in ...