Case1:09-cv-00064-JRH-WLB Document 1 Filed 06/23/09 Page 1...

Case1:09-cv-00064-JRH-WLB Document 1 Filed 06/23/09 of 8

UNITED STATES DISTRICT COURTFOR THE SOUTHERN DISTRICT OF GEORGIA 2M9 JUN 23 AM 9^

AUGUSTA DIVISIONf i f - - K^ ! ' .

RUSSELL BUICE, ))

Civil Action _T

File No. C V 1 0 9 064

JURY TRIAL DEMANDED

Plaintiff,

vs.

S&H THOMSON, INC., d/b/aSTOKES-HODGES GM OFTHOMSON,

Defendant.

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)))

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COMPLAINT

COMES NOW, RUSSELL BUICE ("Buice" or "Plaintiff), and files

this Complaint under Title VII of the Civil Rights Act of 1964, as amended,

42 U.S.C. § 2000(e) et seq., ("Title VII") and Title I of the Civil Rights Act

of 1991, 42 U.S.C. § 1981, ("1981") for unlawful employment practices

based on race. Buice alleges that S&H Thomson, Inc., d/b/a Stokes-Hodges

GM of Thomson ("Defendant") discriminated and retaliated against him for

opposing discriminatory and retaliatory practices against an African

American employee, Stanley Tilghman ("Tilghman").

JURISDICTION AND VENUE

1, The jurisdiction of this Court is invoked pursuant to 28 U.S.C.

§§ 1331, 1337, 1343, and 1345, 42 U.S.C. § 2000e-5(f)(l) and (3), and

Case 1:09-cv-OOQ64-JRH-WLB Document 1 Filed 06/23/09 of 8

pursuant to Section 102 of the Civil Rights Act of 1991, as amended, 42

U.S.C. § 1981a.

2. Plaintiff has complied with all jurisdictional prerequisites to the

filing of his claims under Title VII, having filed his charge of discrimination

within 180 days of the acts complained of herein, and filing this suit within

90 days of his receipt of the right to sue.

3. Venue is proper in the Southern District of Georgia, Augusta

Division under 28 U.S.C. § 1391 in that the Defendant resides in this judicial

circuit and division.

PARTIES

4. Plaintiff, Buice, is a United States citizen and resident of the

State of Georgia.

5. At all relevant times, Defendant has continuously been a

corporation doing business in the State of Georgia and the city of Augusta,

and has continuously employed at least fifteen (15) employees.

STATEMENT OF CLAIMS

6. Buice, a white male, was hired by Defendant in or about

February 2006 as a General Sales Manager.

7. Buice was promoted to General Manager approximately 30

days after he was hired.

EJra^

Case 1:09-cv-00064-JRH-WLB Document 1 Filed 06/23/09 of 8

8. Stanley Tilghman, an African American, was a salesman for

Defendant who reported to Buice at all relevant times.

9. During the fall of 2006, Tilghman made numerous complaints

to Buice about very aggressive, racially charged language and treatment by

managers of Defendant against him and based upon his race.

10. After Tilghman complained to Buice, and after witnessing the

practices himself, Buice made numerous complaints to Defendant that the

practices created a hostile working environment and discriminated against

Tilghman based upon his race.

11. Upon being given actual notice of the harassment and hostile

work environment. Defendant refijsed and otherwise failed to take remedial

action. Instead, on September 11, 2006, Defendant retaliated against

Tilghman by terminating his employment,

12. Following Tilghman's termination, Defendant retaliated and

discriminated against Buice by first demoting him and, later, terminating

him in January 2007.

13. The effect of the practices complained of above has been to

deprive Buice of equal employment opportunities and otherwise to affect

adversely his status as an employee because of his race and association.

Case 1:09-cv-00064-JRH-WLB Document 1 Fiied 06/23/09 of 8

14. The effect of the practices complained of above has been to

inflict emotional pain, suffering, and inconvenience upon and to deprive

Buice of the financial and other benefits of working for Defendant, past,

present and into the future.

15. The practices, and the effect of the practices, complained of

above were intentional.

16. The practices complained of above were done with malice or

with reckless indifference to the federally protected rights of Buice.

SUBSTANTIVE ALLEGATIONS

COUNT ONE: RACE DISCRIMINATION AND RETALIATION

IN VIOLATION OF 42 U.S.C. § 2000e

17. Paragraphs 1 through 16 are incorporated herein by this specific

reference.

18. Defendants are liable to Plaintiff under Title VII of the Civil

Rights Act of 1964, for retaliating against him, demoting him and

terminating him on the basis of his race. A substantial or motivating factor

in the decision to demote and then terminate Buice was his association with

Tilghman, black, and his opposition to Defendants discriminatory practices

against, and creation of a. hostile work environment for, African Americans.


COUNT TWO: RACE DISCRIMINATION AND RETALIATION

IN VIOLATION OF 42 U.S.C. § 1981

19. Paragraphs 1 through 18 are incorporated herein by this specific

reference.

20. Defendants are liable to Plaintiff under 42 U.S.C. § 1981, for

retaliating against him, demoting him and terminating him on the basis of his

race. A substantial or motivating factor in the decision to demote and then

terminate Buice was his association with Tilghman, black, and his

opposition to Defendants discriminatory practices against, and creation of a

hostile work environment for, African Americans.

COUNT THREE: INTENTIONAL INFLICTION OF

EMOTIONAL DISTRESS

21. The practices complained of were severe. Pervasive, shocking

and outrageous and done intentionally, with malice and with reckless

disregard for Buice and constitute the common law tort of intentional

infliction of emotional distress.

PRAYER FOR RELIEF

Wherefore, the Plaintiff respectfully requests that this Court:

A, Grant a permanent injunction enjoining Defendant., its officers,

successors, assigns, and all persons in active concert or participation with


them, from engaging in any employment practice that discriminates on the

basis of race;

B. Order Defendant to institute and carry out policies, practices,

and programs that provide equal employment opportunities for all

individuals, and which eradicate the effects of its past and present unlawful

employment practices;

C. Order Defendant to make Buice whole by providing appropriate

back pay with prejudgment interest, in amounts to be determined at trial, and

other affirmative relief necessary to eradicate the effects of its unlawful

employment practices, including but not limited to reinstatement and/or

front pay.

D. Order Defendant to make Buice whole by providing

compensation for past and future pecuniary losses resulting from the

unlawful practices described above, including job search expenses, moving

expenses, increased cost of living expenses and medical expenses, in

amounts to be determined at trial,

E. Order Defendant to make Buice whole by providing

compensation for past and future non-pecuniary losses resulting from the

unlawful practices described above, including emotional pain, suffering,

Case 1:09-cv-OQ064-JRH-WLB Document 1 Filed 06/23/09 of 8

inconvenience, loss of enjoyment of life, and humiliation, past, present and

future in amounts to be determined at trial.

F. Order Defendant to pay Buice compensator}' and punitive

damages for its malicious or reckless conduct, as described above, in

amounts to be determined at trial.

G. Grant such further relief as the Court deems necessary and

proper in the public interest.

H. Award Buice his costs, including reasonable attorneys' fees in

this action.

JURY TRIAL DEMAND

Buice requests a jury trial on all questions of fact raised by this

Complaint.

This^2_day of June, 2009.

—Respectfully

David S JPfledGeorgia Bar No. 277319Fried & Bonder, LLC123OPeachtree StreetPromenade II, Suite 3750Atlanta, GA 30309(404) 995-8808(Pro Hac Vice Motion Pending)

Case 1:09-cv-00064-JRH-WLB Document 1 Filed 08/23/09 of ,

Jack BatsonGeorgia Bar No. 042150Jack Batson Attorney at LawP.O. Box 3248Augusta, GA 30914-3248Local Counsel

Attorneys for PlaintiffRussell Buice

Case 1:09-cv-00064-JRH-WLB Document 35 Filed 12/30/09 Page 1 of 3

IN THE UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF GEORGIA

AUGUSTA DIVISION

RUSSELL BUICE, ))

Plaintiff, )) CIVIL ACTION FILE NO.

v. ) CV-109-064-JRH-WLB)

S&H THOMSON, INC. d/b/a )STOKES-HODGES GM OF THOMSON, )

)Defendant. )

STIPULATION OF DISMISSAL

COME NOW, the parties herein, and, pursuant to the provisions of Rule 41(a)(l)(ii) of the

Federal Rules of Civil Procedure, hereby dismiss the above-styled civil action WITH PREJUDICE.

Each party to pay its own fees and costs.

Respectfully submitted this 30th day of December, 2009.

[SIGNATURES ON FOLLOWING PAGE]


/s/ David S. Fried /s/ Benton J. Mathis, Jr.David S. FriedGeorgia Bar No. 277319Fried & Bonder LLCWhite ProvisionSuite 3051170 Howell Mill Road NWAtlanta, Georgia 30318T: 404.995.8808F: [email protected]

John P. BatsonGeorgia Bar No. 042150Post Office Box 3248Augusta, GA 30914-3248T: 706.737.4040F: [email protected]

Benton J. Mathis, Jr.Georgia Bar No. 477019Amy M. CombsGeorgia Bar No. 179727Pro hoc viceFreeman Mathis & Gary, LLP100 Galleria ParkwaySuite 1600Atlanta, Georgia 30339-5948T: 770.818.0000F: [email protected]@fmglavv.com

Attorneys for Defendant

Attorneys for PlaintiffAC4344

Case1:09-cv-00064-JRH-WLB Document 35 Filed 12/30/09 Page 3 of 3

IN THE UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF GEORGIA

AUGUSTA DIVISION

RUSSELL BUICE, ))

Plaintiff, )) CIVIL ACTION FILE NO.

v. ) CV-109-064-JRH-WLB)

S&H THOMSON, INC. d/b/a )STOKES-HODGES GM OF THOMSON, )

)Defendant. )

CERTIFICATE OF SERVICE

I hereby certify that on this day I electronically filed the foregoing STIPULATION OF

DISMISSAL with the Clerk of Court using the CM/ECF system, which will automatically send

e-mail notification of such filing to the following attorneys of record:

David S. Fried John P. BatsonFried & Bonder LLC Post Office Box 3248White Provision Augusta, GA 30914-3248Suite 305 [email protected] Howell Mill Road NWAtlanta, Georgia [email protected]

This 30th day of December, 2009.

7s/ Benton J. Mathis, Jr.Benton J. Mathis, Jr.Georgia Bar No. 477019Attorney for Defendant

FREEMAN MATHIS & GARY, LLP100 Galleria ParkwaySuite 1600Atlanta, GA 303397:770.818.0000F: 770.937.9960bmathisfajfmejaw.eom


IN THE UNITED STATES DISTRICT COURTFOR THE SOUTHERN DISTRICT OF GEORGIA

AUGUSTA DIVISION

RUSSELL BUICE,

Plaintiff,

vs.

S&H THOMSON, INC,d/b/a STOKES-HODGES GM OFTHOMSON,

Defendant.

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CIVIL ACTION NO. CV 109-064

ORDER

The Parties, acting through counsel, having filed with the Clerk a Stipulation of

Dismissal in this civil action,

IT IS HEREBY ORDERED that said notice of dismissal is APPROVED, and this

civil action is hereby DISMISSED with prejudice. Each party shall bear its own costs and

expenses of litigation.

/ s^SO ORDERED this __/_EL_ day of January, 2010 at Augusta, Georgia.

j. RANDAL HAL!JUNIJED STATES DISTRICT JUDGESOUTHERN DISTRICT OF GEORGIA

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