Allen v. Apple J LP, No. 3:2010cv01633 - Document 109 (D.S.C. 2012)
Court Description: ORDER and OPINION decided by a jury in favor of the defendant Apple J and Apple Gold as to plaintiff's race discrimination claim and dismissing the plaintiff's claim for successor employer liability with prejudice. Signed by Chief Judge Margaret B Seymour on 12/5/2012. (asni, )
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Allen v. Apple J LP Doc. 109 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA COLUMBIA DIVISION Charleston Allen, Plaintiff, v. Apple-J, L.P. and Apple Gold, Inc., Defendants. ) ) ) ) ) ) ) ) ) ) C/A No. 3:10-1633-MBS ORDER AND OPINION Plaintiff Charleston Allen (“Plaintiff”) filed this action against his former employer, Apple-J, L.P. (“Apple J”), alleging race discrimination in violation of Title VII of the Civil Rights Act of 1964 (“Title VII”), 42 U.S.C. §§ 2000e-2000e-17. (ECF No. 1.) In an amended complaint filed on September 13, 2012, Plaintiff named Apple Gold, Inc. (“Apple Gold”) as a defendant in the matter and asserted a cause of action against Apple Gold as a successor corporation to Apple J. (ECF No. 62.) Thereafter, on November 12, 2012, the parties filed a joint stipulation that the court would “decide the issue of whether Apple Gold is a successor employer and, if so, the scope of its liability after trial if there is a verdict for Plaintiff” on his claim for race discrimination. (ECF No. 88.) On November 13, 2012 through November 15, 2012, the parties tried Plaintiff’s race discrimination claim before a jury. (ECF Nos. 92, 100, 101.) On November 15, 2012, the jury returned a verdict for Apple J and Apple Gold on Plaintiff’s claim for race discrimination. (ECF No. 104.) In accordance with the determination by the jury that Apple J and Apple Gold did not subject Plaintiff to race discrimination, the court dismisses with prejudice Plaintiff’s remaining claim against Apple Gold for successor employer liability. 1 Dockets.Justia.com IT IS SO ORDERED. /s/Margaret B. Seymour__________________ MARGARET B. SEYMOUR CHIEF UNITED STATES DISTRICT JUDGE December 5, 2012 Columbia, South Carolina 2
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