![]() ![]() Assuming this is true, it is not sufficient to state a claim. at 2.) Gwinn thus argues that her termination was unlawful because she received a PBJ, which is not the equivalent of a conviction under Maryland criminal law. ![]() In plaintiff's opposition, she explains that "rule 24" states that Food Lion employees may be subject to dismissal upon conviction of a criminal offense. Gwinn claims only that she was arrested for a DWI violation, had an argument with her supervisor, received *730 a PBJ, and was fired. Looking to the facts as alleged, and drawing all reasonable inferences from them, this court is unable to make out a viable claim for relief. See District 28, United Mine Workers of Am., Inc. We do note, however, that for purposes of Rule 12(b) (6), we are not required to accept as true the legal conclusions set forth in a plaintiff's complaint. Accordingly, a Rule 12(b) (6) motion should only be granted if, after accepting all well-pleaded allegations in the plaintiff's complaint as true and drawing all reasonable factual inferences from those facts in the plaintiff's favor, it appears certain that the plaintiff cannot prove any set of facts in support of his claim entitling him to relief. ![]() The Fourth Circuit recently summarized the principles governing the resolution of Rule 12(b) (6) motions: The purpose of a Rule 12(b) (6) motion is to test the sufficiency of a complaint "importantly, does not resolve contests surrounding the facts, the merits of a claim, or the applicability of defenses." Republican Party v. at ¶ 13,14.) Plaintiff did not allege that defendant's conduct was wrongful, nor did she cite to any legal basis upon which she might recover in this case. at ¶ 11,12.) Gwinn finally alleges that she has failed to find comparable employment since her firing. at ¶ 10.) This suspension allegedly occurred for violation of "rule 24." ( Id.) On May 25, 2001, plaintiff was allegedly terminated due to her "conviction" for DWI. at 9.) On May 22, 2001, "days before the court date for the DWI," Food Lion suspended plaintiff. at ¶ 8.) After the argument, plaintiff was reassigned. at ¶ 6.) Plaintiff also alleges that on May 18, 2001, she had an argument with the store manager. Gwinn was not convicted for the DWI, but was placed on Probation Before Judgment. According to plaintiff, "n or about March 15, 2001, was arrested for Driving While Intoxicated (`DWI'). Airy, Maryland location from January 2000 until her termination on May 25, 2001. For the reasons that follow, the Court will grant the defendant's motion to dismiss on the ground that plaintiff has failed to plead a claim upon which relief may be granted.ĭorothy Gwinn was an employee of Food Lion at its Mt. This matter has been fully briefed and no hearing is necessary. 12(b) (6) brought by defendant Food Lion, LLC ("Food Lion"). Now pending is a motion to dismiss pursuant to Fed.R.Civ.P. Martel, Chan PArk, Heather French, Christine Samsel, Akin, Gump, Strauss, Hauer and Feld LLP, McLean, VA, for Defendant. Brooks, Towson, MD, for Plaintiff.Ĭharles F. ![]()
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