Eldib v. Bass Pro Outdoor World, L.L.C. et al, No. 3:2015cv00118 - Document 7 (E.D. Va. 2015)
Court Description: OPINION. Signed by District Judge John A. Gibney, Jr on 7/29/2015. (jsmi, )
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Eldib v. Bass Pro Outdoor World, L.L.C. et al Doc. 7 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division AHMED ELDIB, Plaintiff, V. Civil Case No. 3:15-cv-118 BASS PRO OUTDOOR WORLD, L.L.C d/b/a BASS PRO SHOPS OUTDOOR WORLD, Defendant. OPINION In February 2013, Ahmed Eldib went to a local Bass Pro Shops ("Bass") store to pick up an AR-15 assault rifle he ordered from an out-of-state dealer. The staff at Bass refused to give Eldib the rifle due to his alien status. As a result, Eldib claims that Bass intentionally inflicted severe emotional distress on him by mistreating him and making racially-charged comments based on his citizenship. Bass filed a motion to dismiss under Rule 12(b)(6) of the Federal Rule of Civil Procedure. Despite outlining an understandably fhistrating customer service experience, Eldib's complaint fails to state a claim for intentional infliction of emotional distress because he does not show that Bass engaged in extreme and outrageous conduct or that he suffered severe emotional distress. Upon review of the complaint, the Court grants the motion to dismiss and denies Eldib leave to amend because the proposed amendment would be futile. 1. FACTS In 2013, Eldib, a legal resident alien residing in Virginia,^ purchased an AR-15 assault rifle from an independent dealer in Georgia. The dealer shipped the gun to Bass in Ashland, Eldib has since become a United States citizen. Dockets.Justia.com
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