Davis v. Pete's Fresh Market 4700 Corporation

CourtDistrict Court, N.D. Illinois
DecidedMarch 3, 2025
Docket1:23-cv-14160
StatusUnknown

This text of Davis v. Pete's Fresh Market 4700 Corporation (Davis v. Pete's Fresh Market 4700 Corporation) is published on Counsel Stack Legal Research, covering District Court, N.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Davis v. Pete's Fresh Market 4700 Corporation, (N.D. Ill. 2025).

Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION

SABRINA DAVIS, ) ) Plaintiff, ) ) No. 23-cv-14160 v. ) ) Judge April M. Perry PETE’S FRESH MARKET 4700 ) CORPORATION; JAMES ) DREMONAS; NICHOLAS HOIDAS; ) ALITA BENZANIS; ISABEL SANCHEZ; ) VERONICA ACUNA, ) ) Defendants. )

OPINION AND ORDER Plaintiff Sabrina Davis, proceeding pro se, brings this employment discrimination action against Defendants Pete’s Fresh Market 4700 Corporation (“Pete’s”), James Dremonas, Nicholas Hoidas, Alita Benzanis, Isabel Sanchez, and Veronica Acuna (collectively, “Defendants”). Defendants move to dismiss all of Plaintiff’s claims under Rule 12(b)(6) for failure to state a claim.1 For the following reasons, Defendants’ motion to dismiss under Rule 12(b)(6) is granted in part and denied in part. BACKGROUND As is appropriate in deciding a motion to dismiss, the Court accepts the following facts in Plaintiff’s complaint as true and views them in the light most favorable to her. Killingsworth v. HSBC Bank Nev., N.A., 507 F.3d 614, 618 (7th Cir. 2007).

1 Defendants Pete’s and Isabel Sanchez also moved to dismiss under Rule 12(b)(5) for insufficient service of process. The Court previously denied dismissal on these grounds as to both these Defendants. See Doc. 27; 32. Plaintiff is a bi-racial woman of Asian national origin who was around forty-eight years old when she began working at Pete’s in April 2020. Doc. 1 ¶¶ 15-16, 57. While employed at Pete’s, Plaintiff was repeatedly subjected to unwelcome lewd and suggestive remarks and degrading sexual innuendos by Nicholas Hoidas, a manager at Pete’s. Id. ¶¶ 11, 19-20. Hoidas’s harassment would persist for long time periods over multiple days. Id. ¶ 21. Plaintiff also alleges

that she was subjected to “verbal propositions” by Hoidas’s superior. Id. ¶ 36. Plaintiff alleges she was denied promotions and trainings that went instead to younger employees of a different race, and also that she did not receive the salary or benefits she should have based upon her responsibilities and performance. Id. ¶¶ 15, 26-27. During her time at Pete’s, Plaintiff shared her concerns regarding the discrimination and harassment she faced. Id. ¶¶ 46-47. However, no improvements were made, as James Dremonas, then-President of Pete’s, failed to investigate or stop the complained-of conduct. Id. ¶¶ 22, 25-26. In the spring of 2022, Plaintiff began the process of filing a charge against Pete’s with the Equal Employment Opportunity Commission (“EEOC”). Id. ¶ 38. A few months later, in June 2022, she was removed from the work schedule,

and she was ultimately terminated. Id. ¶¶ 16, 47. On June 27, 2023, the EEOC issued Plaintiff a Notice of Right to Sue. Id. ¶ 18. On September 26, 2023, Plaintiff filed this civil case alleging seven counts of employment discrimination against Defendants. Doc. 1. Counts I, II, and III assert claims for harassment, retaliation, and discrimination on the grounds of age, race, and sex under Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act (“ADEA”). Counts IV and V assert violations of Plaintiff’s First Amendment rights. Count VI asserts a claim under 42 U.S.C. § 1981, and Count VII asserts a claim of intentional infliction of emotional distress under Illinois law. Defendants seek dismissal of all counts. LEGAL STANDARD A motion to dismiss under Rule 12(b)(6) challenges the sufficiency of the complaint, not its merits. Fed. R. Civ. P. 12(b)(6); Gibson v. City of Chicago, 910 F.2d 1510, 1520 (7th Cir. 1990). A complaint in federal court “pleads claims, not facts,” and though the claim must be plausible, a plaintiff does not have to provide specific details about how the claim will be proved.

Graham v. Bd. of Educ. of the City of Chicago, 8 F.4th 625, 627 (7th Cir. 2021) (holding that in an employment discrimination case “it is enough for a plaintiff to assert that she was treated worse because of protected characteristics”). The purpose of this standard is to ensure that a complaint provides defendants with “sufficient notice to enable [them] to begin to investigate and prepare a defense.” Tamayo v. Blagojevich, 526 F.3d 1074, 1085 (7th Cir. 2008); see also Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007) (pleadings must “give the defendant fair notice of what the claim is and the grounds upon which it rests”). Plaintiff proceeds pro se, and “district courts have a special responsibility to construe pro se complaints liberally and to allow ample opportunity for amending the complaint when it

appears that by so doing the pro se litigant would be able to state a meritorious claim.” Donald v. Cook Cty. Sheriff’s Dept., 95 F.3d 548, 555 (7th Cir. 1996); see also Palmer v. City of Decatur, 814 F.2d 426, 428–29 (7th Cir.1987) (it is the “well-established duty of the trial court to ensure that the claims of a pro se litigant are given a fair and meaningful consideration.”). To liberally construe the pleadings is “to give a pro se plaintiff a break when, although [s]he stumbles on a technicality, h[er] pleading is otherwise understandable.” Hudson v. McHugh, 148 F.3d 859, 864 (7th Cir.1998). ANALYSIS Plaintiff brings claims against Defendants for violations of Title VII and the ADEA, the First Amendment, 42 U.S.C. § 1981, and the state law tort of intentional infliction of emotional distress. Defendants challenge the sufficiency of Plaintiff’s allegations as to all her claims. I. Title VII and the ADEA

Title VII makes it unlawful for an employer “to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, or national origin.” 42 U.S.C. § 2000e-2(a)(1). “[T]he term ‘discriminate against’ refers to ‘distinctions or differences in treatment that injure protected individuals’” and may encompass a variety of practices. Bostock v. Clayton County, Georgia, 590 U.S. 644, 681 (2020) (citation omitted). Discrimination on the basis of age is prohibited by the Age Discrimination in Employment Act.2 29 U.S.C. § 623(a); see also Wrolstad v. Cuna Mut. Ins. Soc’y, 911 F.3d 450, 454 (7th Cir. 2018) (“The ADEA protects workers 40 years of age and older from age-based

employment discrimination.”). Defendants move to dismiss Plaintiff’s Title VII and ADEA claims on two grounds. First, they assert that Plaintiff’s claims against individual defendants must be dismissed because Title VII and the ADEA do not permit individual liability. Second, Defendants argue that Plaintiff fails to allege sufficient factual details about the supposed harassment, discrimination, and retaliation she faced.

2 Plaintiff does not specifically cite the ADEA in her causes of action.

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Davis v. Pete's Fresh Market 4700 Corporation, Counsel Stack Legal Research, https://law.counselstack.com/opinion/davis-v-petes-fresh-market-4700-corporation-ilnd-2025.