Daughtry v. Family Dollar Stores, Inc.

634 F.Supp.2d 475

Darlene DAUGHTRY, et al., Plaintiffs, v. FAMILY DOLLAR STORES, INC., a Delaware corporation, Defendant.

Civ. No. 08-963-SLR.

United States District Court, D. Delaware.

July 9, 2009.

John M. LaRosa, Esquire, of Law Office of John M. LaRosa, Wilmington, DE, and John Wendell Beavers, Esquire, of John Wendell Beavers & Associates, P.C., Philadelphia, PA, for Plaintiffs.

David G. Culley, Esquire, of Tybout, Redfearn & Pell, Wilmington, DE, for Defendant. Of Counsel: Barbara Rittinger Rigo, Esquire, and Jacqueline R. Barrett, Esquire, of Littler Mendelson, P.C., Philadelphia, PA, and Shanthi V. Gaur, Esquire, of Littler Mendelson, P.C., Chicago, IL.

MEMORANDUM OPINION

SUE L. ROBINSON, District Judge.

I. INTRODUCTION

This employment discrimination suit was filed on December 23, 2008 by plaintiffs Darlene Daughtry ("Ms. Daughtry"), Kelvin Daughtry ("Mr. Daughtry"), Hope McCain ("McCain"), Candace R. Saunders ("Saunders"), Claudia M. Benson ("Benson"), Sylvia Cooper ("Cooper"), Monique Walker ("Walker"), and Daisy L. Harris ("Harris") (collectively, "plaintiffs"). (D.I. 1) Plaintiffs accuse Family Dollar Stores Inc. ("defendant") of retaliation and discrimination, based on race, sex, and religion, in violation of 42 U.S.C. §§ 1981 ("§ 1981") and 2000e, et seq. ("Title VII"), and in violation of Delaware and New Jersey state law. (D.I. 11) Defendant filed a motion to dismiss or to sever on February 27, 2009. (D.I. 9) Plaintiffs filed an amended complaint on March 13, 2009.¹ (D.I. 11) On March 27, 2009, defendant filed a second motion to dismiss or, in the alternative, to sever. (D.I. 12) Defendant accompanied this motion with a supporting brief, alleging that certain counts should be dismissed for failure to exhaust administrative remedies, failure to state a claim upon which relief can be granted, preclusion from seeking simultaneous state remedies, and improper venue. (D.I. 13) Plaintiffs filed a responsive brief on April 6, 2009, contesting most of defendants' assertions, but also making certain concessions. (D.I. 14) Defendant filed a reply brief on April 15, 2009, renewing its previous arguments. (D.I. 15) For the reasons detailed below, the court will grant in part and deny in part defendant's motion to dismiss.

II. BACKGROUND²

Defendant is a retail company incorporated in Delaware with its home office in North Carolina. (D.I. 11 at ¶ 17) Defendant operates places of business, inter alia, in New Castle, Delaware; Penns Grove, New Jersey; Pennsville, New Jersey; Salem, New Jersey; and Bridgeton, New Jersey. (Id.) The facts pertaining to each plaintiff as alleged in the amended complaint are detailed below.

A. Ms. Daughtry

Plaintiff Ms. Daughtry is a Delaware resident of African-American descent. (Id. at ¶ 9) In or about September 2002, defendant hired Ms. Daughtry in Delaware as a Store Manager, promoted her to District Manager on September 9, 2003, and demoted her to Store Manager on June 6, 2006. (Id. at ¶¶ 20, 22) In or about December 2006 or January 2007, Ms. Daughtry received a call from the Delaware Department of Labor and Ms. Daughtry provided information in support of Tara Valdez ("Valdez"), who had filed a charge of employment discrimination against defendant. (Id. at ¶ 23-24) Shortly thereafter, certain of defendant's representatives telephoned Ms. Daughtry and "informed her not to have any conversation with anyone from the Labor Board after she refused to agree to make statements to the Labor Board as demanded by defendants." (Id. at ¶ 25) In October 2007, defendant Gus Stifano ("Stifano"), a District Manager, told Ms. Daughtry that certain of defendant's officials wanted Stifano to terminate plaintiff. (Id. at ¶ 26) Stifano informed Ms. Daughtry that he wanted to "keep her on." (Id.) Stifano eventually terminated Ms. Daughtry on April 20, 2007.³ (Id. at ¶ 38) After plaintiff asked Stifano why she was being fired, Stifano responded, "You and I know the reason." (Id.) By firing her, Ms. Daughtry claims that defendant discriminated and retaliated against her because she assisted the Labor Board in the Valdez investigation and because Ms. Daughtry was a black female. (Id. at ¶ 39)

B. Mr. Daughtry

Plaintiff Mr. Daughtry is a Delaware resident of African-American descent. (Id. at ¶ 10) Defendant hired Mr. Daughtry in or about December 2004 in New Jersey. (Id. at ¶ 41) A District Manager, Ed Conrad ("Conrad"), informed Mr. Daughtry that defendant had asked Conrad to locate documents so that defendant could fire Mr. Daughtry because of his wife, plaintiff Ms. Daughtry. (Id. at ¶ 42) Stifano informed Mr. Daughtry on June 6, 2007 that plaintiff was being terminated due to "personal business conflicts with [his] obligation to serve the best interests of the company." (Id. at ¶ 51) Mr. Daughtry claims that defendant fired him to retaliate against him because his wife, Ms. Daughtry, had filed an employment discrimination charge on May 23, 2007, and because defendant believed that Mr. Daughtry had participated in his wife's Title VII proceeding. (Id. at ¶ 53)

C. McCain

Plaintiff McCain is a Delaware resident of African-American descent. (Id. at ¶ 11) In February 2007, McCain overheard George Flyzik ("Flyzik"), defendant's Regional Vice President, speaking on his cell phone with Stifano. (Id. at ¶ 59) McCain heard Flyzik say, "I thought you said that you fired all these niggers especially the Black females and that [plaintiff Ms. Daughtry] would be gone already too.... [M]ake it happen fast." (Id.) McCain then confronted Flyzik and said, "I don't know who you were calling a nigger, I'm not nobody's nigger." (Id. at ¶ 60) Flyzik responded that "if you know what is best for you, you will keep your mouth shut." (Id. at ¶ 61) Defendant then ordered plaintiff Ms. Daughtry to fire plaintiff McCain. (Id.) Although Ms. Daughtry believed that the termination was in retaliation, Ms. Daughtry complied with defendant's directive and fired McCain. (Id.) The reason given to McCain for the termination was that her background was bad. (Id. at ¶ 62) McCain claims that defendant discriminated against her because of her race and sex. (Id. at ¶ 64)

D. Saunders

Plaintiff Saunders is a Delaware resident of African-American descent. (Id. at ¶ 12) Defendant hired Saunders on or about February 25, 2007. (Id. at ¶ 66) On May 1, 2007, Saunders overheard two of defendant's Managers speaking and one of them remarked that "it looks as if all [plaintiff Ms. Daughtry] did was hire a bunch of lazy-ass niggers in this store, especially the fat and lazy one," referring to Saunders. (Id. at ¶ 71) After Saunders revealed that she had overheard the comment by saying, "excuse me," the Manager responded that "it was just a joke." (Id. at ¶ 72) After returning from lunch, "[Saunders] was called into the office and informed that she was terminated." (Id. at ¶ 73) The reason proffered was that "[Saunders] wasn't what [the Manager] wanted in an employee, and she didn't fit his work ethic." (Id.) Saunders claims that defendant discriminated against her on the basis of her race and sex. (Id. at ¶ 74)

E. Benson

Plaintiff Benson is a Pennsylvania resident of African-American descent. (Id. at ¶ 13) After being hired on May 14, 2006, Benson served as a Manager for defendant before she was terminated on December 7, 2006. (Id. at ¶ 76) Stifano informed Benson that she was being fired for "insubordination." (Id. at ¶ 78) Prior to Benson's termination, one of defendant's District Managers told Benson that he was going to "get rid of all the Black female managers in his district." (Id. at ¶ 79) Stifano told plaintiff Ms. Daughtry, "You hired a Black Muslim [meaning plaintiff Benson], are you sure she's not going to bomb the company?" (Id. at ¶ 80) Benson claims that defendant discriminated against her on the basis of her race, sex, and religion. (Id. at ¶ 81)

F. Cooper

Plaintiff Cooper is a Pennsylvania resident of African-American descent. (Id. at ¶ 14) Defendant hired Cooper as a Manager on May 14, 2006 at a New Jersey store. (Id. at ¶ 83) Although Cooper had performed her duties with competence, Stifano terminated her on December 7, 2007 because Cooper's store had been plagued with numerous theft-related incidents. (Id. at ¶¶ 86, 88) Cooper claims that defendant discriminated against her because of her race and sex. (Id. at ¶ 89)

G. Walker

Plaintiff Walker is a Pennsylvania resident of African-American descent. (Id. at ¶ 15) Defendant hired Walker in Delaware in or around October 2002. (Id. at ¶ 91) Defendant terminated plaintiff Ms. Daughtry on April 20, 2007. (Id. at ¶ 94) Ten days later, Stifano informed Walker that, if she continued communicating with Ms. Daughtry, defendant "could not use [Walker]." (Id.) Walker responded that she did not have any problems with Ms. Daughtry. (Id. at ¶ 95) Stifano then terminated Walker. (Id.) Walker claims that defendant retaliated against her and discriminated against her on the basis of her race and sex. (Id. at ¶ 96)

H. Harris

Plaintiff Harris is a New Jersey resident of African-American descent. (Id. at ¶ 16) Defendant hired Harris on November 27, 1997. (Id. at ¶ 98) After September 2006, Stifano "made several racial as well as gender-based offensive comments." (Id. at ¶ 101) Stifano told Harris that she should refer to Stifano as "Master Gus." (Id. at ¶ 102) On several other occasions, Stifano commented to Harris, "Maybe the job is too much for you. After all, you are not that smart." (Id. at ¶ 103) Stifano terminated Harris on February 27, 2007, saying that "he did not want any Black females working for him in his district." (Id. at ¶ 105) Harris claims that defendant discriminated against her because of her race and sex. (Id. at ¶ 106)

III. STANDARD OF REVIEW

A. Motion to Dismiss for Improper Venue

A court may dismiss a lawsuit for improper venue pursuant to Fed.R.Civ.P. 12(b)(3). However, the Federal Rules of Civil Procedure do not contain any specific venue provisions...