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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