United States District Court, M.D. Florida, Fort Myers Division
LOREN D. KING, II, Plaintiff,
KELLI STEINER-DAWSON, RN, ICU Nurse Manager, HCA WEST FLORIDA, and BILL HAWLEY, CEO/President, Defendants.
OPINION AND ORDER
E. STEELE SENIOR UNITED STATES DISTRICT JUDGE.
matter comes before the Court on Defendants Kelli
Steiner-Dawson and Bill Hawley's Motion to Dismiss With
Prejudice for Failure to State a Claim (Doc. #28) filed on
June 22, 2018. Plaintiff pro se Loren D. King, II
filed a Response in Opposition (Doc. #34) on July 20, 2018.
For the reasons set forth below, the Motion is granted.
Federal Rule of Civil Procedure 8(a)(2), a Complaint must
contain a “short and plain statement of the claim
showing that the pleader is entitled to relief.”
Fed.R.Civ.P. 8(a)(2). This obligation “requires more
than labels and conclusions, and a formulaic recitation of
the elements of a cause of action will not do.”
Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007)
(citation omitted). To survive dismissal, the factual
allegations must be “plausible” and “must
be enough to raise a right to relief above the speculative
level.” Id. at 555. See also Edwards v.
Prime Inc., 602 F.3d 1276, 1291 (11th Cir. 2010). This
requires “more than an unadorned,
Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009)
deciding a Rule 12(b)(6) motion to dismiss, the Court must
accept all factual allegations in a complaint as true and
take them in the light most favorable to plaintiff,
Erickson v. Pardus, 551 U.S. 89 (2007), but
“[l]egal conclusions without adequate factual support
are entitled to no assumption of truth.” Mamani v.
Berzain, 654 F.3d 1148, 1153 (11th Cir. 2011) (citations
omitted). “Threadbare recitals of the elements of a
cause of action, supported by mere conclusory statements, do
not suffice.” Iqbal, 556 U.S. at 678.
“Factual allegations that are merely consistent with a
defendant's liability fall short of being facially
plausible.” Chaparro v. Carnival Corp., 693
F.3d 1333, 1337 (11th Cir. 2012) (internal quotation marks
and citations omitted). Thus, the Court engages in a two-step
approach: “When there are well-pleaded factual
allegations, a court should assume their veracity and then
determine whether they plausibly give rise to an entitlement
to relief.” Iqbal, 556 U.S. at 679.
October 20, 2017, plaintiff, a former nurse-employee of
Fawcett Memorial Hospital in Port Charlotte, Florida, filed
this employment discrimination case using a “form
complaint” provided to pro se litigants by the
Court. (Doc. #1.) In the initial Complaint,
plaintiff cited federal question in the “basis of
jurisdiction” section and named four defendants: HCA,
Fawcett Memorial Hospital, Administrator, and Nurse Manager.
to effecting service of the initial Complaint, plaintiff
filed an Amended Complaint (Doc. #9) again using a form
complaint, naming HCA West Florida, Kelli Steiner-Dawson, RN
ICU Nurse Manager, and Bill Hawley, CEO/President,
individually as defendants. Plaintiff lists Title VII, the
Americans with Disabilities Act (ADA), the Age Discrimination
in Employment Act (ADEA), and the Florida Civil Rights Act
(FCRA) as the basis for his Amended Complaint. (Id.)
“Statement of Claim” section of the Amended
Complaint, plaintiff states in five lengthy paragraphs that
he was discriminated against because of his
disability and no accommodation was provided by
defendants. Each paragraph of the Statement of Claim begins
with a statement of the cause of action plaintiff is
attempting to bring, as follows:
1. Manger targeted and harassed employee (plaintiff) forming
an intimidating environment representative of workplace
2. Management discriminated against my (plaintiff's)
3. Harassment leading to constructive discharge utilizing
underhanded tactics to discriminate, set-up and terminate
4. Breach of ...