Tavares v. United Airlines, Dulles Airport et al, No. 1:2014cv01121 - Document 36 (E.D. Va. 2015)

Court Description: MEMORANDUM OPINION re Defendants' 26 Motion to Dismiss. Signed by District Judge Liam O'Grady on 8/24/15. (dper)

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Tavares v. United Airlines, Dulles Airport et al / . Doc. 36 rr\i ! j IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA AUG 2 h 2015 Alexandria Division i ) TULLY TAVARES, ) ) ) ) ) ) ) Plaintiff, v. United Airlines, et al., Defendants. Civil Action No. l:14-cv-l 121 Hon. Liam O'Grady ) J MEMORANDUM OPINION This matter comes before the Court on a motion to dismiss filed by defendants United Airlines, Inc., United Continental Holdings, Inc., Marcelo Merlan, and Chris Branch ("the United defendants"). (Dkl. No. 26). The pro se plaintiff filed an opposition. (Dkt. No. 34). On August 21, 2015, the Court heard oral argument. During oral argument, the plaintiffsubmitted additional exhibits to the Court. I. Procedural History On August 29, 2014, plaintiff Tully Tavares ("Tavares" or "plaintiff) filed a complaint against the defendants based on alleged employment discrimination. He filed an amended complaint on September 2, 2014. He then filed a motion to file a second amended complaint, which was granted. On September 29, 2014, the second amended complaint was filed. The United defendants moved for dismissal of the second amended complaint. Following a hearing, during which the Court discussed with the pro se plaintiff the deficiencies in his complaint, the Court granted the motion to dismiss without prejudice to the plaintiff to refile his claims within 120 days. (Dkt. No. 24). On May 14, 2015, Tavares filed his third amended complaint against Dockets.Justia.com

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