Henderson v. Board of Governors of The University of North Carolina at Chapel Hill

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM

M.D.N.C.February 21, 2017

1 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA Civil Action No. 1:16-cv-1410 LISA R. HENDERSON, Plaintiff, v. BOARD OF GOVERNORS OF THE UNIVERSITY OF NORTH CAROLINA and DARIUS DIXON in his official and personal capacities, Defendants. DEFENDANTS’ MOTION TO DISMISS PLAINTIFF’S FIRST AMENDED COMPLAINT Fed. R. Civ. P. 12(b)(6) NOW COME Defendants, the Board of Governors of the University of North Carolina (“UNC” or the “University”) 1 and Darius Dixon, pursuant to Federal Rule of Civil Procedure 12(b)(6) through undersigned counsel, and respectfully move to dismiss Plaintiff’s claims for sexual harassment and retaliation under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §2000e et seq., (“Title VII”) and Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq., (“Title IX”) on the grounds that Plaintiff has failed to state a claim against either UNC or Dixon upon which relief may granted. In 1 The caption of Plaintiff’s original Complaint [Dkt 1] listed the “Board of Governors of the University of North Carolina at Chapel Hill” as a Defendant. Plaintiff subsequently amended the Complaint to identify the employer-Defendant as the Board of Governors of the University of North Carolina (“the Board”). Defendants recognize that the Board is the corporate entity of the University “capable in law to sue and be sued” under N.C.G.S. § 116-3. However, for Title VII purposes, the University of North Carolina at Chapel Hill, a constituent institution of the University of North Carolina system, was Plaintiff’s employer of record. For clarity, Defendants consent to an amended or updated caption identifying the employer-Defendant as The University of North Carolina at Chapel Hill. Case 1:16-cv-01410-UA-LPA Document 10 Filed 02/21/17 Page 1 of 3 2 support of this motion, Defendants rely on the detailed arguments and dispositive authorities contained in Defendants’ Memorandum of Law filed contemporaneously herewith. Respectfully submitted, this the 21 st day of January, 2017. JOSH STEIN Attorney General /s/ Laura H. McHenry Laura H. McHenry Assistant Attorney General NC Department of Justice PO Box 629 Raleigh, NC 27602 NC State Bar No. 45005 Telephone: (919) 716-6920 Fax: (919) 716-6764 E-mail: lmchenry@ncdoj.gov Attorneys for Defendants Case 1:16-cv-01410-UA-LPA Document 10 Filed 02/21/17 Page 2 of 3 3 CERTIFICATE OF SERVICE I hereby certify that I served electronically filed the foregoing MOTION TO DISMISS PLAINTIFF’S FIRST AMENDED COMPLAINT with the Clerk of Court using the CM/ECF system, which will send notification of such filing to the following registered CM/ECF users: Wilson F. Fong will.fong@hensellaw.com This the 21 st day of February, 2017. /s/ Laura H. McHenry Laura H. McHenry Assistant Attorney General NC Department of Justice PO Box 629 Raleigh, NC 27602 NC State Bar No. 45005 Telephone: (919) 716-6920 Fax: (919) 716-6764 E-mail: lmchenry@ncdoj.gov Case 1:16-cv-01410-UA-LPA Document 10 Filed 02/21/17 Page 3 of 3 1 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA CIVIL ACTION NO: 1:16-CV-1410 Lisa R. Henderson, Plaintiff, v. Board of Governors of The University of North Carolina at Chapel Hill and Darius Dixon in his official and personal capacities, Defendants. ORDER GRANTING MOTION TO DISMISS PLAINTIFF’S FIRST AMENDED COMPLAINT This matter is before the Court on the Defendants’ motion to dismiss for failure to state a claim. (Doc ___) The Plaintiff has failed to allege any facts tending to support a claim against the Defendants, and the Plaintiff’s First Amended Complaint will be dismissed. It is hereby ORDERED that Defendants’ motion to dismiss (Doc ____) is GRANTED. This the ___ day of ______________, 2017. ______________________________ U.S. District Judge/Madgistrate/Clerk Case 1:16-cv-01410-UA-LPA Document 10-1 Filed 02/21/17 Page 1 of 1