Hegwood v. International Paper Company

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION

ANTONIO HEGWOOD, ) ) Plaintiff, ) ) vs. ) Case No. 4:24-cv-00241-MTS ) INTERNATIONAL PAPER COMPANY, ) ) Defendant. )

MEMORANDUM AND ORDER This discrimination and retaliation action is before the Court on Defendant’s Motion to Dismiss, which seeks dismissal of three of the four counts in Plaintiff’s Complaint for failure to state a claim upon which relief can be granted. See Doc. [10]; see also Fed. R. Civ. P. 12(b)(6). After a complete review of the briefing on the Motion, and after considering the proper standard of review, the Court concludes that Plaintiff’s Complaint states a plausible claim for relief on all counts. See Lustgraaf v. Behrens, 619 F.3d 867, 872–73 (8th Cir. 2010) (explaining standard of review on motion to dismiss for failure to state a claim); Ashcroft v. Iqbal, 556 U.S. 662, 679 (2009) (“[A] complaint that states a plausible claim for relief survives a motion to dismiss.”); see also Wilson v. Ark. Dep’t of Hum. Servs., 850 F.3d 368, 372 (8th Cir. 2017) (“‘[I]t is not appropriate to require a plaintiff to plead facts establishing a prima facie case’ under McDonnell Douglas.” (quoting Swierkiewicz v. Sorema N.A., 534 U.S. 506, 511 (2002))). Accordingly, IT IS HEREBY ORDERED that Defendant’s Motion to Dismiss Plaintiffs Complaint, Doc. [10], is DENIED. Dated this 25th day of June 2024. Th MA + HEW T. SCHELP UNITED STATES DISTRICT JUDGE

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