Opinion

Martinez v. Jim Bishop Cabinets, Inc. (CONSENT)

Court
District Court, M.D. Alabama
Filed
Jul 7, 2025
Cited by
0 cases
Authority
More cited than 37.3%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA

NORTHERN DIVISION

BRIYAN MARTINEZ, )

)

Plaintiff, )

)

v. ) CASE NO. 2:24-cv-758-JTA

) (WO)

JIM BISHOP CABINETS, INC., )

)

Defendant. )

MEMORANDUM OPINION

Before the Court is Defendant’s Motion to Dismiss Plaintiff’s Complaint. (Doc. No.

14.) Defendant seeks dismissal pursuant to Federal Rule of Civil Procedure 12(b)(6). (Id.) For

the reasons that follow, Defendant’s motion is due to be denied.

I. JURISDICTION

The Court has subject matter jurisdiction over this action based on federal question

jurisdiction because Plaintiff brings claims pursuant to Title VII, 42 U.S.C. § 2000e, et seq.,

and the Americans with Disabilities Amendment Act of 2008, 42 U.S.C. § 12101, et seq. See

28 U.S.C. § 1331; (Doc. No. 1). The parties do not contest personal jurisdiction over this

action or venue, and the Court finds sufficient allegations to support both in the Middle

District of Alabama.

The parties consented to the exercise of dispositive jurisdiction by a United States

Magistrate Judge pursuant to 28 U.S.C. § 636(c). (Doc. No. 17.)

II. ALLEGATIONS AND PROCEDURAL HISTORY

Plaintiff Briyan Martinez alleges he worked for Defendant Jim Bishop Cabinets, Inc.

as a line worker starting in April 2023. (Doc. No. 1 at ¶ 21.) While working for Defendant,

Plaintiff avers he experienced harassment due to his sexual orientation. (Id. at ¶ 23.) Plaintiff

asserts he developed respiratory issues, including debilitating nosebleeds, from the working

conditions. (Id. at ¶ 27.) Plaintiff avers he requested to move to a different part of Defendant’s

production line and provided medical documents indicating his health issues stemmed from

his assigned work area. (Id. at ¶¶ 36, 37.) Plaintiff maintains Defendant terminated him around

July 25, 2024, after he informed his supervisor he was feeling dizzy and needed a break. (Id.

at 40, 43.) Plaintiff alleges he was terminated because of his disability or perceived disability,

respiratory distress, and for reporting/opposing sex and disability discrimination. (Id. at ¶ 43.)

From these allegations, Plaintiff filed a charge of discrimination with the Equal Employment

Opportunity Commission. (Doc. No. 1-2 at 1.) On August 30, 2024, the EEOC issued to

Plaintiff a Determination and Notice of Rights letter. (Doc. No. 1-2 at 3.)

On November 26, 2024, Plaintiff timely filed a complaint against Defendant. (Doc.

No. 1.) From his alleged termination, Plaintiff brings four claims: (1) sex discrimination in

violation of Title VII; (2) a violation of the Americans with Disabilities Amendment Act of

2008 (ADAA); (3) Title VII retaliation; and (4) ADAA retaliation. (Id. at 8–12.)

On January 15, 2025, Defendant filed a motion to dismiss. (Doc. No. 14.) After an

extension of time, Plaintiff timely filed a response on February 13, 2025. (Doc. No. 20.)

Defendant filed a reply on February 27, 2025. (Doc. No. 21.)

This matter is ripe for review.

III. STANDARD OF REVIEW

When evaluating a motion to dismiss pursuant to Federal Rule of Civil Procedure

12(b)(6), the Court takes the facts alleged in the complaint as true and construes them in the

light most favorable to the plaintiff. See Resnick v. AvMed, Inc., 693 F.3d 1317, 1321–22

(11th Cir. 2012). To avoid dismissal, the complaint must “state a claim to relief that is

plausible on its face.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007). A claim is facially

plausible “when the plaintiff pleads factual content that allows the court to draw the

reasonable inference that the defendant is liable for the misconduct alleged.” Ashcroft v. Iqbal,

556 U.S. 662, 678 (2009) (citing Twombly, 550 U.S. at 556). That is, “[f]actual allegations

must be enough to raise a right to relief above the speculative level on the assumption that all

the allegations in the complaint are true (even if doubtful in fact).” Twombly, 550 U.S. at 555

(internal citations omitted).

IV. DISCUSSION

Defendant argues Plaintiff’s complaint should be dismissed because (1) Defendant

never employed Plaintiff; (2) Defendant was not properly served with the EEOC charge; and

(3) Plaintiff failed to file a signed EEOC charge that was verified with his signature. (Doc.

No. 14 at 5–7.) Plaintiff responds these are questions of fact that cannot be resolved at the

motion to dismiss stage. (Doc. No. 20 at 4–5.) The undersigned addresses each argument in

turn.

A. Employment and Service of EEOC Charge

Defendant alleges it never employed Plaintiff. (Doc. No. 14 at 7.) Defendant further

asserts it never received Plaintiff’s EEOC charge, responded to the charge, had notice of the

charge, nor had the opportunity to participate in the EEOC’s conciliation process. (Id. at 6.)1

Plaintiff maintains he was employed by Defendant and fulfilled all conditions precedent to

the institution of this action. (Doc. No. 20 at 3; Doc. No. 1 at ¶¶ 6, 21.)

Defendant attached an affidavit of its HR Director, Mary Barlow, to support its

contentions. As a threshold matter, the Court must first address whether it may consider the

affidavit at the motion to dismiss stage.

When ruling on a Rule 12(b)(6) motion, “a court generally may not consider matters

outside of the pleadings without treating the motion as a motion for summary judgment.”

Johnson v. City of Atlanta, 107 F.4th 1292, 1298 (11th Cir. 2024) (citing to Fed. R. Civ. P.

12(d)). There are two exceptions to this rule: “(1) the incorporation-by-reference doctrine and

(2) judicial notice.” Id. (citing Baker v. City of Madison, Ala., 67 F.4th 1268, 1276 (11th Cir.

2023)). Under the incorporation-by-reference doctrine, a court may properly consider a

document not referred to or attached to a complaint if “the document is (1) central to the

plaintiff’s claims; and (2) undisputed, meaning its authenticity is not challenged.” Johnson,

107 F.4th at 1300.

Here, whether Defendant employed Plaintiff and exhausted administrative remedies

are central to Plaintiff’s claims. Nonetheless, Plaintiff disputes the contents of the affidavit

1 Defendant asserts these are “preconditions” that must be affirmatively shown or alleged to bring a

Title VII action. (Doc. No. 21 at 4.) This assertion is based on a misguided reading of Harris v. Board

of Trustees University of Alabama. In Harris, the court concluded the plaintiff had not exhausted her

administrative remedies against one defendant because she did not name it in her EEOC charge.

Harris, 846 F. Supp. 2d 1223, 1240 (N.D. Ala. 2012). Because the defendant had not been named in

the plaintiff’s EEOC charge, it was not served with the EEOC charge nor participated in the

conciliation process. (Id. at 1239). Here, Plaintiff attached an EEOC charge which clearly named

Defendant. (Doc. No. 1-2.)

and maintains Defendant employed him and he fulfilled all conditions precedent to bringing

this action. (Doc. No. 20 at 3.) Accordingly, the affidavit of Mary Barlow does not meet the

incorporation-by-reference doctrine requirements and cannot be considered by the Court at

the motion to dismiss stage. The Court must take the facts alleged in the complaint as true and

construe them in the light most favorable to the plaintiff. Resnick, 693 F.3d at 1321–22.

Plaintiff alleges Defendant employed him and that he fulfilled all conditions precedent to the

institution of this action. (Doc. No. 1 at ¶¶ 6, 21.) Thus, the Court will accept the allegations

as true for the purposes of this motion.

To consider Mary Barlow’s affidavit, the Court must convert the motion to dismiss into

a motion for summary judgment. See Fed. R. Civ. P. 12(d). “Critically, such a conversion

requires notice to the parties and an opportunity for mutual discovery.” Adinolfe v. United

Tech. Corp., 768 F.3d 1161, 1168 (11th Cir. 2014). Here, there has been no notice to the parties

nor opportunity for discovery. Accordingly, the Court declines to convert the motion to

dismiss to a motion for summary judgment. See Lovejoy v. Elmore Cnty., No. 2:12-cv-91-

WKW, 2012 WL 5382305, at *3 (M.D. Ala. Nov. 1, 2012) (declining to convert a motion to

dismiss to a motion for summary judgment because the record lacked “the comprehensiveness

needed for a well-reasoned summary judgment decision”).

B. Unsigned EEOC Charge

Defendant contends this action should be dismissed because Plaintiff failed to file a

signed and verified EEOC charge and thus failed to exhaust his administrative remedies. (Doc.

No. 14 at 3.) Plaintiff responds this is an issue of fact that can only be “sussed out” through

discovery. (Doc. No. 20 at 5.) The undersigned agrees.

“EEOC regulations require an EEOC charge to be signed and verified.” Houston v.

Army Fleet Serv., LLC, 509 F. Supp. 2d 1033, 1041 (M.D. Ala. 2007); see also 42 U.S.C. §

2000e-5(b) (“Charges shall be in writing under oath or affirmation”); 29 C.F.R. § 1601.9 (“A

charge shall be in writing and signed and shall be verified”). Failure to verify an EEOC charge

“may bar a plaintiff from litigating [his] claim pursuant to Title VII.” Houston, 509 F. Supp.

2d at 1041; see also Vason v. City of Montgomery, 240 F.3d 905, 907 (11th Cir. 2001)

(affirming summary judgment when it was undisputed that the plaintiff did not file an EEOC

charge under oath or affirmation). Defendant cites to both Houston and Vason in support of

its argument, but neither apply to its motion to dismiss. Procedurally, both cases concern a

motion for summary judgment, where the parties had the benefit of discovery. See Houston,

509 F. Supp. 2d at 1041–42; Vason, 240 F.3d at 907. At the motion to dismiss stage, when

there has been no discovery conducted, the Court must rely on the facts alleged in the

complaint. Considering Plaintiff alleges he “fulfilled all conditions precedent to the institution

of this action under Title VII” (Doc. No. 1 at ¶ 6) and taking the facts alleged as true and

construing them in the light most favorable to Plaintiff, the Court concludes dismissal is not

proper at this stage.

V. CONCLUSION

Because the Court cannot consider the affidavit of Mary Barlow at the motion to

dismiss stage and must take the facts alleged in the complaint as true, Defendant’s motion to

dismiss is due to be denied.

A separate order will issue.

DONE this 7th day of July, 2025.

JERUSHA T. ADAMS

UNIZED STATES MAGISTRATE JUDGE

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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