Johns v. Home Depot U.S.A., Inc.

221 F.R.D. 400, 2004 U.S. Dist. LEXIS 7013, 2004 WL 868790
CourtDistrict Court, S.D. New York
DecidedApril 21, 2004
DocketNo. 03 Civ. 4522(DC)
StatusPublished
Cited by15 cases

This text of 221 F.R.D. 400 (Johns v. Home Depot U.S.A., Inc.) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Johns v. Home Depot U.S.A., Inc., 221 F.R.D. 400, 2004 U.S. Dist. LEXIS 7013, 2004 WL 868790 (S.D.N.Y. 2004).

Opinion

[402]*402 MEMORANDUM DECISION

CHIN, District Judge.

Pro se plaintiff Ranaldo Johns brings this action against defendant Home Depot U.S.A., Inc. (“Home Depot”) and several individual Home Depot employees alleging race discrimination and retaliation in violation of Title VII of the Civil Rights Act of 1964, as amended 42 U.S.C. § 2000(e) et seq. (“Title VII”), the New York State Human Rights Law (“NYSHRL”), and 42 U.S.C. § 1981, intentional infliction of emotional distress, negligent infliction of emotional distress, libel, slander, and violation of the Fourth Amendment. Plaintiff has already filed an amended complaint as of right and now seeks leave to file a second amended complaint, pursuant to Fed.R.Civ.P. 15(a), to add defendants and claims based on 42 U.S.C. §§ 1983, 1985(2), and 1986 and the New York state constitution. For the reasons set forth below, plaintiffs motion is denied.

STATEMENT OF THE CASE

I. Facts

Plaintiff was employed at the Home Depot store at 55 Wayman Avenue in New Rochelle, New York from July 7, 1999 until his discharge on February 6, 2002. (Am.Compl. 111120, 51).1 On October 1, 2001, plaintiff filed a complaint with the New York State Division of Human Rights against Home Depot and various of its employees alleging racially discriminatory promotion practices in violation of Title VII. (Prop.See.Am.CompL, Exh. D).2

On January 30, 2002, plaintiff became involved in an argument with defendant Mahan Jobie, another Home Depot employee, at the New Rochelle Home Depot store. (Am. Compl. 111139^42). According to plaintiff, after the incident, he “unintentionally kicked a small end cap of light bulbs before leaving the building in tears.” (Id. 1144). Plaintiff also told the store’s assistant manager that he wanted to file a harassment complaint and said he “had enough, this can no longer be tolerated, its [sic] too much.” (Id. 1145).

On February 4, 2002, plaintiff received a letter dated February 1, 2002, from proposed defendant Michael Ippolito, Home Depot Associate Relations Manager of the Mid-Atlantic Division. (Prop.Sec.Am.Compl. H 20). The letter notified plaintiff that Ippolito was “looking into allegations concerning” the New Rochelle store. (Id., Exh. G). It further stated, “Your input is appreciated prior to concluding the matter. Please do not report to the store until these allegations have been reviewed.” (Id.). Ippolito noted in the letter that “numerous attempts to contact [plaintiff] had been unsuccessful.” (Id.).

On February 5, 2002, Ippolito told plaintiff over the telephone to return to the Home Depot store on February 6, 2002 at 9:00 a.m. to speak with defendant Yvette Williams, Home Depot store manager. (Am.Compl. 111111, 50).

On February 6, 2002, plaintiff attended a meeting with Williams as instructed. (Id. ITU 51-52). Williams explained to plaintiff that he was being dismissed because his conduct during the January 30, 2002 incident violated the company’s “zero tolerance policy.” (Id. 1151).

According to plaintiffs Termination Notice, dated February 5, 2002, plaintiff was involved in a “confrontation” with another Home Depot associate on January 30, 2002, during which plaintiff threateningly stated to the other associate that he could “make one phone call and take care of it.” (Id., Exh. J). It also stated that plaintiff had admitted to “shov[ing] company equipment with [his] foot and kicking] over a display of light bulbs as [he] exited the store that day.” (Id.). The Notice stated that plaintiffs conduct “violate[d] [Home Depot’s] policy on workplace violence.” (Id). Plaintiff and Williams signed and dated the Notice on February 6, 2002.

[403]*403Three officers of the New Rochelle Police Department stood outside Williams’s office, took the cup of coffee plaintiff was holding, and escorted plaintiff to the parking lot where his ear was parked. (Id. 1111 52-53; Prop. See. Am. Compl. 1179). Plaintiff alleges that “[u]nder threat, duress and coercion,” he allowed the police officers to search his car. (Am. Compl. 1156; Prop. Sec. Am. Compl. H 79). The police report stated that the search produced “neg. results” and that plaintiff left the area “without incident.” (Prop.Sec.Am.Compl., Exh. H).

Two weeks after plaintiffs termination, plaintiff received a copy of a New Rochelle Police Department Incident Report based on a complaint by Williams on February 6, 2002. (Am.Compl., Exh. G). According to the report, Williams said that plaintiff had threatened in the past that “[h]e had a gun and was going to shoot the place up.” (Id.). Williams also stated that plaintiff “might become violent and requested [the police officers] to stand by during this time.” (Id.). The report stated that the police officers asked plaintiff for permission to search his car due to past threats he had reportedly made. (Id.). Plaintiff denied making “those threats.” (Id.).

In a letter to the Westchester County District Attorney’s office, dated April 23, 2002, plaintiff alleged that Home Depot employees had filed false police reports in retaliation for his pending claim with the New York State Division of Human Rights. (Prop.Sec.Am. Compl., Exh. K). Plaintiff also alleged that, as a result of the police reports, he was being followed and investigated by the police. (Id.). Plaintiff received, in response, a letter from the District Attorney’s office stating that plaintiffs letter and the issues raised therein had been reviewed. (Id., Exh. L). The letter stated that plaintiffs concerns about being followed by the police were “strictly Bronx matters” and suggested plaintiff file a police report at the local precinct. (Id.).

II. Prior Proceedings

Plaintiff filed the original complaint in this action on June 23, 2003 naming Home Depot, Home Depot’s president, and five employees as defendants and alleging claims based on Title VII, 42 U.S.C. § 1981, and the NYSHRL and for intentional and negligent infliction of emotional distress.

Plaintiff filed an amended complaint on September 26, 2003, as a matter of right, adding three Home Depot employees as defendants and causes of action for libel, slander, and violation of the Fourth Amendment.

Plaintiff filed the instant motion for leave to file a second amended complaint on February 17, 2004, without initially filing a proposed second amended complaint. Home Depot filed a memorandum of law in opposition to plaintiffs motion for leave to file a second amended complaint on March 8, 2004. Plaintiff submitted to this Court’s Pro Se Office a proposed second amended complaint on March 15, 2004.

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Bluebook (online)
221 F.R.D. 400, 2004 U.S. Dist. LEXIS 7013, 2004 WL 868790, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johns-v-home-depot-usa-inc-nysd-2004.