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Edoho-Eket v. RH, Restoration Hardware Inc.

United States District Court, M.D. Tennessee, Nashville Division

January 16, 2019

UDEME EDOHO-EKET Plaintiff,
v.
RH, RESTORATION HARDWARE INC., LINCOLN PROPERTY MANAGEMENT, CHELSEA THAYER Defendants.

          Campbell, Judge.

          REPORT AND RECOMMENDATION

          JEFFERY S. FRENSLEY, U.S. MAGISTRATE JUDGE.

         Pending 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) be GRANTED.

         BACKGROUND

         On 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.

         Restoration Hardware [1]

         With 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 law:
a. Harassment.
b. Sexual harassment
c. Hostile working environments.
d. Retaliation for reporting the aforementioned incidents to leadership. Docket No. 1-1.

         Though not specific to Restoration Hardware, Plaintiff's ...


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