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Collins v. Great Dane Trailers

United States District Court, D. Nebraska

February 22, 2017

ROGER COLLINS, Plaintiff,
v.
GREAT DANE TRAILERS, and ADVENTURE STAFFING AGENCY, Defendants.

          MEMORANDUM AND ORDER

          RICHARD G. KOPF SENIOR UNITED STATES DISTRICT JUDGE.

         This matter is before the court upon review of Plaintiff's Third Amended Complaint. (Filing No. 13.)

         I. BACKGROUND

         Plaintiff's original Complaint alleged he was terminated from his employment with Defendant Great Dane Trailers based on discrimination. (Filing No. 1 at CM/ECF p. 7.) He also alleged that Defendant Adventure Staffing Agency refused to find him a job following his termination. (Filing No. 1 at CM/ECF p. 8.) Plaintiff maintained that as a result of his termination, he was unable to collect unemployment benefits, incurred medical bills due to loss of insurance benefits, and fell behind on other bills. (Filing No. 1 at CM/ECF p. 7.) Plaintiff requested damages totaling $35, 850.00. (Filing No. 1 at CM/ECF p. 10.)

         Plaintiff subsequently filed an Amended Complaint, asserting claims under Title VII of the Civil Rights Act of 1964 (“Title VII”). (Filing No. 7.) Upon review, the court concluded that Plaintiff had failed to state a claim. (Filing No. 8.) The court noted various deficiencies with Plaintiff's Amended Complaint, as well as Plaintiff's failure to submit a right-to-sue letter. (Id. at CM/ECF pp. 3-4.) Plaintiff was granted leave to file a second amended complaint. (Id. at CM/ECF p. 4.)

         Plaintiff subsequently filed a Second Amended Complaint, asserting claims under Title VII. (Filing No. 9.) Upon review, the court concluded that Plaintiff had failed to state a claim. (Filing No. 12.) The court noted various deficiencies with Plaintiff's Second Amended Complaint, as well as Plaintiff's failure to attach the Charge of Discrimination that he filed with the EEOC. (Id. at CM/ECF pp. 3-5.) Plaintiff was granted leave to file a third amended complaint. (Id. at CM/ECF p. 5.) The court warned Plaintiff that a third amended complaint would supersede, rather that supplement, previous pleadings filed in this case. (Id.)

         II. SUMMARY OF THIRD AMENDED COMPLAINT

         Plaintiff attached the right-to-sue letter issued by the EEOC and the Charge of Discrimination that he filed with the EEOC to his Third Amended Complaint. (Filing No. 13 at CM/ECF pp. 10-13.) His allegations are substantially similar to those in his Second Amended Complaint. (Compare Filing No. 9 at CM/ECF pp. 3-8 with Filing No. 13 at CM/ECF pp. 4-9) Upon review of Plaintiff's Second Amended Complaint, the court set forth Plaintiff's allegations as follows:

Plaintiff's Second Amended Complaint alleges that Plaintiff contacted Defendant Adventure Staffing to help him find employment. Adventure Staffing helped him obtain a job with Defendant Great Dane Trailers. Plaintiff was told that he would be considered a temporary worker initially, but that he would become a permanent employee of Great Dane with higher wages and benefits after 90 days. Plaintiff contends that under this arrangement, he was an employee of both Adventure Staffing and Great Dane at all times relevant to this action.
Plaintiff asserts that on October 12, 2015, near the end of his 90-day probationary period, he was “racially profiled and taunted aggressively over a two day period” by a Great Dane employee. (Filing No. 9 at CM/ECF p. 3.) Plaintiff alleges that he informed his team-leaders and shift-boss about the situation on October 12, 2015. He also called Adventure Staffing on October 13, 2015 and explained what had happened.
Plaintiff alleges that the situation was investigated by individuals from Great Dane and Adventure Staffing. Plaintiff further alleges that on October 15, 2016, he was informed by an individual from Adventure Staffing that the investigation revealed that Plaintiff was being “racially profiled, taunted, verbally and physically assaulted” and that Plaintiff defended himself and was not the aggressor. (Filing No. 9 at CM/ECF p. 4.)
Plaintiff maintains that Great Dane made the decision to terminate him on October 15, 2015, “knowing that he was becoming [a] permanent [employee].” (Filing No. 9 at CM/ECF p. 4.) Plaintiff alleges that he asked Adventure Staffing to find him another job, but Adventure Staffing refused to do so unless he signed a “promissory letter to Defendant Adventure Staffing Agency just in case another similar incident occur[red], even though Defendant Adventure Staffing Agency knew and was told that [Plaintiff] was not the aggressor, which led [Plaintiff] to believe he was black balled by Defendant Great Dane Trailers.” (Filing No. 9 at CM/ECF p. 5.) Plaintiff claims that he took action to get the situation with the Great Dane employee resolved, but that Great Dane and Adventure Staffing did not protect him from workplace discrimination, harassment, racial profiling, and assault.

(Filing No. 12 at CM/ECF pp. 2-3.)

         Plaintiff raises some additional allegations in his Third Amended Complaint. He alleges that he is African-American. (Filing No. 13 at CM/ECF p. 3.) He alleges that the employee ...


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