Ware v. Transport Drivers, Inc.

30 F. Supp. 3d 273, 2014 U.S. Dist. LEXIS 35684, 2014 WL 1153265
CourtDistrict Court, D. Delaware
DecidedMarch 18, 2014
DocketCiv. No. 12-830-SLR
StatusPublished
Cited by5 cases

This text of 30 F. Supp. 3d 273 (Ware v. Transport Drivers, Inc.) is published on Counsel Stack Legal Research, covering District Court, D. Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ware v. Transport Drivers, Inc., 30 F. Supp. 3d 273, 2014 U.S. Dist. LEXIS 35684, 2014 WL 1153265 (D. Del. 2014).

Opinion

MEMORANDUM OPINION

ROBINSON, District Judge

I. INTRODUCTION

Plaintiff Anthony Ware (“plaintiff’) proceeds pro se and has been granted leave to proceed in forma pauperis. He filed this lawsuit on June 28, 2012 alleging employment discrimination and retaliation by reason of race, color, and sex. (D.I. 2) Presently before the court is defendants’ motion to dismiss. (D.I. 13) The court has jurisdiction pursuant to 28 U.S.C. § 1331. For the following reasons, the court will grant defendants’ motion and will give plaintiff leave to amend.

II. PROCEDURAL AND FACTUAL BACKGROUND

It appears that, on an unidentified date, defendant Transport Drivers, Inc. (“Transport Drivers”) terminated plaintiffs employment as a non-exempt (piece-rate) delivery driver. (D.I. 2, facts ¶¶ 16-17) The complaint refers to Title VII and 29 U.S.C.1 Plaintiff alleges: (1) unlawful termination and refusal to reinstate when unauthorized information was provided without notice to plaintiff, all in violation of his right to due process; (2) retaliation for questioning defendants about discriminatory practices; (3) fear of retaliation based upon defendants’ conduct towards black drivers; and (4) discrimination in order to create a position for a white employee. (Id. at ¶¶ 9,10,14, 39)

The complaint also makes reference to Federal Motor Carrier Safety Regulations, the Delaware Uniform Commercial Driver’s License Act, Other States Uniform Commercial Driver’s License Act, the Federal Motor Carrier Safety Act, the States Act, the Whistleblower Act, due process violations, the Equal Pay Act, the Unfair Labor Practice Act, the FSLA (presumably the Fair Labor Standards Act), and the Privacy Act.2 (See D.I. 2, facts ¶¶ 1-12, 22, 48)

According to the allegations in the complaint, from May 28, 2011 to November 28, 2011, plaintiff was insured as required by [275]*275the State of Delaware. (Id. at ¶ 30) Plaintiff alleges that defendants through a third party and, on an unknown date, fraudulently obtained his driving records from the Delaware Division of Motor Vehicles and received U.S. MVR Express records3 that indicated plaintiff was an uninsured motorist. (Id. at ¶¶ 22, 24-27, 31) On October 17, 2011, plaintiff received a letter from Transport Drivers notifying him that he was suspended. (Id. at ¶ 37) The same date, plaintiff informed Transport Drivers that he was insured for the period of August 31, 2011 to September 28, 2011. (Id. at ¶ 31) Next, plaintiff provided a letter to defendant TDI Nationwide and Affiliated Companies (“TDI”) dated October 21, 2011, that apparently indicated he was insured. (Id. at ¶ 34) On October 24, 2011, new (unidentified) charges were issued against plaintiff. (Id. at 40) Plaintiff alleges that defendants provided him a copy of the company handbook or policy, but failed to provide him a copy of the “work rules,” and that his right to due process was violated.4 (Id. at ¶¶ 39-44) Plaintiff requested his employment records but they were not provided to him. (Id. at ¶¶ 47-48)

The complaint summarizes plaintiffs claims as “discriminatory acts for questionably unlawful acts, conditions of employment, unlawful termination, displace [sic] and defendants’ failure to reinstatement [sic] for employment question about management right to take action against me.” (D.I. 2, ¶ 19) Plaintiff filed a charge of discrimination against defendant Transport Drivers and received right to sue notices from the State of Delaware Department of Labor on March 29, 2012, and the United States Equal Employment Opportunity Commission on September 14, 2012. (See D.I. 2, 6) Plaintiff seeks recovery of overtime compensation, wait time, clearance time, underpaid wages, witness time, liquidated and declaratory damages and costs and reasonable future attorney fees.5 (D.I. 2, facts at ¶ 21)

Defendants move for dismissal pursuant to Fed. R. Civ. P. 12(b)(6) on the grounds that the complaint: (1) is frivolous as it is based upon various laws which do not afford plaintiff a private right action; and (2) fails to state a claim under any other legal theory. In the alternative, defendants contend that plaintiff should provide a more definite statement pursuant to Fed. R. Civ. P. 12(e). Plaintiff opposes the motion.

III. LEGAL STANDARDS

In reviewing a motion filed under Fed. R. Civ. P. 12(b)(8), the court must accept all factual allegations in a complaint as true and take them in the light most favorable to plaintiff. See Erickson v. Pardus, 551 U.S. 89, 94, 127 S.Ct. 2197, 167 L.Ed.2d 1081 (2007). A court may consider the pleadings, public record, orders, exhibits attached to the complaint, and documents incorporated into the complaint by reference, Tellabs, Inc. v. Makor Issues & Rights, Ltd., 551 U.S. 308, 322, 127 S.Ct. 2499, 168 L.Ed.2d 179 (2007). A complaint must contain “a short and plain statement of the claim showing that the pleader is entitled to relief, in order to give the defendant fair notice of what the ... claim is and the grounds upon which it rests.” [276]*276Bell Atl. Corp. v. Twombly, 550 U.S. 544, 545, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007) (internal quotation marks omitted) (interpreting Fed. R. Civ. P. 8(a)). A complaint does not need detailed factual allegations; however, “a plaintiffs obligation to provide the ‘grounds’ of his entitle[ment] to relief requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do.” Id. at 545, 127 S.Ct. 1955 (alteration in original) (citation omitted). The “[fjactual allegations must be enough to raise a right to relief above the speculative level on the assumption that all of the complaint’s allegations are true.” Id. Furthermore, “[w]hen there are well-ple[d] factual allegations, a court should assume their veracity and then determine whether they plausibly give rise to an entitlement to relief.” Ashoroft v. Iqbal, 556 U.S. 662, 664, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009). Such a determination is a context specific task requiring the court “to draw on its judicial experience and common sense.” Id.

IV. DISCUSSION

To the extent that plaintiff asserts a private cause of action under Federal Motor Carrier Safety Regulations or the Federal Motor Carrier Safety Act, the claims fail. See Lipscomb v. Zurich Am. Ins. Co.,

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Bluebook (online)
30 F. Supp. 3d 273, 2014 U.S. Dist. LEXIS 35684, 2014 WL 1153265, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ware-v-transport-drivers-inc-ded-2014.