United States District Court, D. Maryland
Lipton Hollander United States District Judge
March 21, 2016, plaintiff Maurice Anthony Johnson, who is
self-represented, filed an employment discrimination suit
against his former employer. ECF 1. The caption names one
defendant, Merchants Terminal Corporation. However, in the
body of the Complaint, plaintiff identifies two additional
defendants: Jeff Carden and Ken Johnson. Id. at 6-7.
Plaintiff alleges that he suffered discrimination based on
race, in the form of harassment and wrongful termination, in
violation of Title VII of the Civil Rights Act of 1964, as
amended, 42 U.S.C. §§ 2000e, et seq.
("Title VII"). ECF 1 at 1-2. Plaintiff seeks,,
inter alia, punitive damages; injunctive relief;
back pay; reinstatement to his former position; costs; and
attorney's fees. Id. at 3-4, 11.
April 27, 2016, defendant, MTC Logistics, Inc.
("MTC"),  filed a "Motion to Dismiss Plaintiffs
Title VII Individual-Capacity Claims against Defendants Ken
Johnson and Jeff Carden" (ECF 6), supported by a
memorandum of law. ECF 6-1 (collectively, the
"Motion"). As MTC notes, ECF 6-1 at 1 n.2:
"Carden and Johnson are not identified as Defendants on
the Court's Civil Docket in this case, however, they are
specifically named as Defendants by Plaintiff." Pursuant
to Fed.R.Civ.P. 12(b)(5) and 12(b)(6), MTC seeks the
dismissal of plaintiffs "individual-capacity
claims" against Johnson and Carden. ECF 6-1 at 1.
April 28, 2016, the Clerk sent a notice to plaintiff advising
him of his right to respond. ECF 7. Plaintiff has not responded
to the Motion, and the time to do so has expired.
See Local Rule 105.2.
hearing is necessary to resolve the Motion, See
Local Rule 105.6. For the reasons that follow, I will grant
Factual and Procedural Background
who is "Black" (ECF 1-2 at 1), alleges that he was
terminated by MTC on March 11, 2014. ECF 1 at 2. In relevant
part, plaintiff contends, id. at 2-3 Â¶ 6:
6. The facts of my claim are: Was terminated unjustly and
wrongfully three different times before last and final
termination. White employees created and caused gross
missconduct [sic] and is [sic] currently employed. Had been
harassed, threatened, suspended, and terminated on numerous
Employer can[']t justify or explain honestly why I was
terminated. Employer fabricated acts of gross misconduct to
terminate. Employer did not honor the union contract.
Harassment initially started Sept 2010 until March 11, 2014.
Complaint, plaintiff also alleges that Jeff Carden, a
"[p]lant manager, " "fabricated acts of
conduct to discharge [plaintiff] without following union
[sic] contract." Id. at 8. Plaintiff also
alleges that Carden "terminated and harassed, suspended,
threaten [sic] [him] on a regular basis." Id.
at 10. Further, plaintiff alleges that Ken Johnson, the
"President, " "allowed this action."
Id. at 8.
to plaintiff, on June 20, 2014, he filed a Charge of
Discrimination with the United States Equal Employment
Opportunity Commission ("EEOC"). ECF 1 at 3
Â¶ 9. Plaintiff has also submitted a letter to
plaintiff from the EEOC's Baltimore Field Office, dated
December 18, 2015. ECF 1-2 at 1-2. It says, in relevant part,
id. at 1:
Having considered all the information provided by both you
and [MTC], the Commission is unable to conclude that the
information obtained establishes a violation of the statute
as you've alleged. The evidence gathered shows [MTC]
discharged you from employment as a result of information and
observances it saw while you were working on March 11, 2014.
letter also said, id. at 2: "[Y]ou are being
issued a Dismissal and Notice of Rights which affords you the
opportunity to take this matter into Federal Court. You have
the right to file a lawsuit against the employer within 90
days from the date you receive the Dismissal and Notice of
maintains that he received a right-to-sue letter on December
23, 2015. ECF 1 at 3 Â¶10. As noted, on March 21, 2016,