United States District Court, M.D. Tennessee, Nashville Division
REPORT AND RECOMMENDATION
JEFFERY S. FRENSLEY, U.S. MAGISTRATE JUDGE.
before the Court are motions to dismiss filed by two
defendants in this matter. Defendant RH, Restoration
Hardware, Inc. (“Restoration Hardware”) has filed
a Motion to Dismiss Plaintiff's Complaint for failure to
state a claim upon which relief can be granted. Docket No. 6.
Restoration Hardware has filed a supporting memorandum of
law. Docket No. 7. Also pending before the Court is
Defendant, Lincoln Property Management's Motion to
Dismiss for failure to state a claim upon which relief can be
granted. Docket No. 9. Lincoln Property Management has filed
a supporting memorandum of law. Docket No. 10. The pro se
Plaintiff has not responded to either of the pending motions.
For the reasons stated herein, the undersigned recommends
that the motions to dismiss filed by Restoration Hardware
(Docket No. 6) and Lincoln Property Management (Docket No. 9)
August 15, 2018, the pro se Plaintiff filed the instant
action in the Circuit Court for Davidson County. Docket No.
1-1. Lincoln Property Management removed the matter to this
Court on November 28, 2018. Docket No. 1. The matter was
referred to the undersigned for all pretrial matters on
December 10, 2018. Docket No. 5. Restoration Hardware and
Lincoln Property Management both responded to the Complaint
by filing motions to dismiss. Docket Nos. 6. 9.
respect to Restoration Hardware, Plaintiff's complaint
alleges the following:
On June 11, 2018, Plaintiff began employment at RH, also
known as Restoration Hardware Inc., though was wrongfully
terminated on July 19th 2018. During the duration of
employment, Plaintiff endured the following violations of the
b. Sexual harassment
c. Hostile working environments.
d. Retaliation for reporting the aforementioned incidents to
leadership. Docket No. 1-1.
not specific to Restoration Hardware, Plaintiff's