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Case1:09-cv-00064-JRH-WLB Document 1 Filed 06/23/09 Page 1 of 8
UNITED STATES DISTRICT COURTFOR THE SOUTHERN DISTRICT OF GEORGIA 2M9 JUN 23 AM 9^
AUGUSTA DIVISIONf i f - - K^ ! ' .
RUSSELL BUICE, ))
Civil Action _T
File No. C V 1 0 9 064
JURY TRIAL DEMANDED
Plaintiff,
vs.
S&H THOMSON, INC., d/b/aSTOKES-HODGES GM OFTHOMSON,
Defendant.
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COMPLAINT
COMES NOW, RUSSELL BUICE ("Buice" or "Plaintiff), and files
this Complaint under Title VII of the Civil Rights Act of 1964, as amended,
42 U.S.C. § 2000(e) et seq., ("Title VII") and Title I of the Civil Rights Act
of 1991, 42 U.S.C. § 1981, ("1981") for unlawful employment practices
based on race. Buice alleges that S&H Thomson, Inc., d/b/a Stokes-Hodges
GM of Thomson ("Defendant") discriminated and retaliated against him for
opposing discriminatory and retaliatory practices against an African
American employee, Stanley Tilghman ("Tilghman").
JURISDICTION AND VENUE
1, The jurisdiction of this Court is invoked pursuant to 28 U.S.C.
§§ 1331, 1337, 1343, and 1345, 42 U.S.C. § 2000e-5(f)(l) and (3), and
Case 1:09-cv-OOQ64-JRH-WLB Document 1 Filed 06/23/09 Page 2 of 8
pursuant to Section 102 of the Civil Rights Act of 1991, as amended, 42
U.S.C. § 1981a.
2. Plaintiff has complied with all jurisdictional prerequisites to the
filing of his claims under Title VII, having filed his charge of discrimination
within 180 days of the acts complained of herein, and filing this suit within
90 days of his receipt of the right to sue.
3. Venue is proper in the Southern District of Georgia, Augusta
Division under 28 U.S.C. § 1391 in that the Defendant resides in this judicial
circuit and division.
PARTIES
4. Plaintiff, Buice, is a United States citizen and resident of the
State of Georgia.
5. At all relevant times, Defendant has continuously been a
corporation doing business in the State of Georgia and the city of Augusta,
and has continuously employed at least fifteen (15) employees.
STATEMENT OF CLAIMS
6. Buice, a white male, was hired by Defendant in or about
February 2006 as a General Sales Manager.
7. Buice was promoted to General Manager approximately 30
days after he was hired.
EJra^
Case 1:09-cv-00064-JRH-WLB Document 1 Filed 06/23/09 Page 3 of 8
8. Stanley Tilghman, an African American, was a salesman for
Defendant who reported to Buice at all relevant times.
9. During the fall of 2006, Tilghman made numerous complaints
to Buice about very aggressive, racially charged language and treatment by
managers of Defendant against him and based upon his race.
10. After Tilghman complained to Buice, and after witnessing the
practices himself, Buice made numerous complaints to Defendant that the
practices created a hostile working environment and discriminated against
Tilghman based upon his race.
11. Upon being given actual notice of the harassment and hostile
work environment. Defendant refijsed and otherwise failed to take remedial
action. Instead, on September 11, 2006, Defendant retaliated against
Tilghman by terminating his employment,
12. Following Tilghman's termination, Defendant retaliated and
discriminated against Buice by first demoting him and, later, terminating
him in January 2007.
13. The effect of the practices complained of above has been to
deprive Buice of equal employment opportunities and otherwise to affect
adversely his status as an employee because of his race and association.
Case 1:09-cv-00064-JRH-WLB Document 1 Fiied 06/23/09 Page 4 of 8
14. The effect of the practices complained of above has been to
inflict emotional pain, suffering, and inconvenience upon and to deprive
Buice of the financial and other benefits of working for Defendant, past,
present and into the future.
15. The practices, and the effect of the practices, complained of
above were intentional.
16. The practices complained of above were done with malice or
with reckless indifference to the federally protected rights of Buice.
SUBSTANTIVE ALLEGATIONS
COUNT ONE: RACE DISCRIMINATION AND RETALIATION
IN VIOLATION OF 42 U.S.C. § 2000e
17. Paragraphs 1 through 16 are incorporated herein by this specific
reference.
18. Defendants are liable to Plaintiff under Title VII of the Civil
Rights Act of 1964, for retaliating against him, demoting him and
terminating him on the basis of his race. A substantial or motivating factor
in the decision to demote and then terminate Buice was his association with
Tilghman, black, and his opposition to Defendants discriminatory practices
against, and creation of a. hostile work environment for, African Americans.
Case 1:09-cv-00064-JRH-WLB Document 1 Filed 06/23/09 Page 5 of 8
COUNT TWO: RACE DISCRIMINATION AND RETALIATION
IN VIOLATION OF 42 U.S.C. § 1981
19. Paragraphs 1 through 18 are incorporated herein by this specific
reference.
20. Defendants are liable to Plaintiff under 42 U.S.C. § 1981, for
retaliating against him, demoting him and terminating him on the basis of his
race. A substantial or motivating factor in the decision to demote and then
terminate Buice was his association with Tilghman, black, and his
opposition to Defendants discriminatory practices against, and creation of a
hostile work environment for, African Americans.
COUNT THREE: INTENTIONAL INFLICTION OF
EMOTIONAL DISTRESS
21. The practices complained of were severe. Pervasive, shocking
and outrageous and done intentionally, with malice and with reckless
disregard for Buice and constitute the common law tort of intentional
infliction of emotional distress.
PRAYER FOR RELIEF
Wherefore, the Plaintiff respectfully requests that this Court:
A, Grant a permanent injunction enjoining Defendant., its officers,
successors, assigns, and all persons in active concert or participation with
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them, from engaging in any employment practice that discriminates on the
basis of race;
B. Order Defendant to institute and carry out policies, practices,
and programs that provide equal employment opportunities for all
individuals, and which eradicate the effects of its past and present unlawful
employment practices;
C. Order Defendant to make Buice whole by providing appropriate
back pay with prejudgment interest, in amounts to be determined at trial, and
other affirmative relief necessary to eradicate the effects of its unlawful
employment practices, including but not limited to reinstatement and/or
front pay.
D. Order Defendant to make Buice whole by providing
compensation for past and future pecuniary losses resulting from the
unlawful practices described above, including job search expenses, moving
expenses, increased cost of living expenses and medical expenses, in
amounts to be determined at trial,
E. Order Defendant to make Buice whole by providing
compensation for past and future non-pecuniary losses resulting from the
unlawful practices described above, including emotional pain, suffering,
Case 1:09-cv-OQ064-JRH-WLB Document 1 Filed 06/23/09 Page 7 of 8
inconvenience, loss of enjoyment of life, and humiliation, past, present and
future in amounts to be determined at trial.
F. Order Defendant to pay Buice compensator}' and punitive
damages for its malicious or reckless conduct, as described above, in
amounts to be determined at trial.
G. Grant such further relief as the Court deems necessary and
proper in the public interest.
H. Award Buice his costs, including reasonable attorneys' fees in
this action.
JURY TRIAL DEMAND
Buice requests a jury trial on all questions of fact raised by this
Complaint.
This^2_day of June, 2009.
—Respectfully
David S JPfledGeorgia Bar No. 277319Fried & Bonder, LLC123OPeachtree StreetPromenade II, Suite 3750Atlanta, GA 30309(404) 995-8808(Pro Hac Vice Motion Pending)
Case 1:09-cv-00064-JRH-WLB Document 1 Filed 08/23/09 Page 8 of ,
Jack BatsonGeorgia Bar No. 042150Jack Batson Attorney at LawP.O. Box 3248Augusta, GA 30914-3248Local Counsel
Attorneys for PlaintiffRussell Buice
Case 1:09-cv-00064-JRH-WLB Document 35 Filed 12/30/09 Page 1 of 3
IN THE UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF GEORGIA
AUGUSTA DIVISION
RUSSELL BUICE, ))
Plaintiff, )) CIVIL ACTION FILE NO.
v. ) CV-109-064-JRH-WLB)
S&H THOMSON, INC. d/b/a )STOKES-HODGES GM OF THOMSON, )
)Defendant. )
STIPULATION OF DISMISSAL
COME NOW, the parties herein, and, pursuant to the provisions of Rule 41(a)(l)(ii) of the
Federal Rules of Civil Procedure, hereby dismiss the above-styled civil action WITH PREJUDICE.
Each party to pay its own fees and costs.
Respectfully submitted this 30th day of December, 2009.
[SIGNATURES ON FOLLOWING PAGE]
Case 1:09-cv-00064-JRH-WLB Document 35 Filed 12/30/09 Page 2 of 3
/s/ David S. Fried /s/ Benton J. Mathis, Jr.David S. FriedGeorgia Bar No. 277319Fried & Bonder LLCWhite ProvisionSuite 3051170 Howell Mill Road NWAtlanta, Georgia 30318T: 404.995.8808F: 404.995.8899dfried@friedbonder.com
John P. BatsonGeorgia Bar No. 042150Post Office Box 3248Augusta, GA 30914-3248T: 706.737.4040F: 706.736.3391jpbatson@aol.com
Benton J. Mathis, Jr.Georgia Bar No. 477019Amy M. CombsGeorgia Bar No. 179727Pro hoc viceFreeman Mathis & Gary, LLP100 Galleria ParkwaySuite 1600Atlanta, Georgia 30339-5948T: 770.818.0000F: 770.937.9960bmathis@fmgiaw.cornacombs@fmglavv.com
Attorneys for Defendant
Attorneys for PlaintiffAC4344
Case1:09-cv-00064-JRH-WLB Document 35 Filed 12/30/09 Page 3 of 3
IN THE UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF GEORGIA
AUGUSTA DIVISION
RUSSELL BUICE, ))
Plaintiff, )) CIVIL ACTION FILE NO.
v. ) CV-109-064-JRH-WLB)
S&H THOMSON, INC. d/b/a )STOKES-HODGES GM OF THOMSON, )
)Defendant. )
CERTIFICATE OF SERVICE
I hereby certify that on this day I electronically filed the foregoing STIPULATION OF
DISMISSAL with the Clerk of Court using the CM/ECF system, which will automatically send
e-mail notification of such filing to the following attorneys of record:
David S. Fried John P. BatsonFried & Bonder LLC Post Office Box 3248White Provision Augusta, GA 30914-3248Suite 305 jpbatson@aol.com1170 Howell Mill Road NWAtlanta, Georgia 30318dfried@friedbonder.com
This 30th day of December, 2009.
7s/ Benton J. Mathis, Jr.Benton J. Mathis, Jr.Georgia Bar No. 477019Attorney for Defendant
FREEMAN MATHIS & GARY, LLP100 Galleria ParkwaySuite 1600Atlanta, GA 303397:770.818.0000F: 770.937.9960bmathisfajfmejaw.eom
Case 1:09-cv-00064-JRH-WLB Document 36 Filed 01/13/10 Page 1 of 1
IN THE UNITED STATES DISTRICT COURTFOR THE SOUTHERN DISTRICT OF GEORGIA
AUGUSTA DIVISION
RUSSELL BUICE,
Plaintiff,
vs.
S&H THOMSON, INC,d/b/a STOKES-HODGES GM OFTHOMSON,
Defendant.
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CIVIL ACTION NO. CV 109-064
ORDER
The Parties, acting through counsel, having filed with the Clerk a Stipulation of
Dismissal in this civil action,
IT IS HEREBY ORDERED that said notice of dismissal is APPROVED, and this
civil action is hereby DISMISSED with prejudice. Each party shall bear its own costs and
expenses of litigation.
/ s^SO ORDERED this __/_EL_ day of January, 2010 at Augusta, Georgia.
j. RANDAL HAL!JUNIJED STATES DISTRICT JUDGESOUTHERN DISTRICT OF GEORGIA