Carnell Pinckney v. Preferred Homes Services, LLC

Charleston, South Carolina civil rights lawyer represented Plaintiff who sued Defendant on a job discrimination theory under 42 U.S.C. 2000e.





This matter is before the Court upon Plaintiff Carnell Pinckney's ("Plaintiff” or "Pinckney”) complaint alleging race, color, and/or national origin claims of discrimination, retaliation, and hostile work environment in violation of Title VII of the Civil Rights Act of 1964 ("Title VII”) and 42 U.S.C. § 1981.



On July 26, 2022, Defendants Preferred Home Services, LLC ("Preferred”) and Gary Petersen ("Petersen”) (collectively, "Defendants”) filed a motion for partial dismissal, seeking dismissal of Plaintiff's claims for (1) disparate treatment discrimination under Title VII and § 1981; (2) civil conspiracy; (3) negligent supervision; (4) outrage; (5) § 1981 claims related to national origin allegations; and (6) all Title VII claims against Petersen, pursuant to Rules 12(b)(1) and/or 12(b)(6) of the Federal Rules of Civil Procedure.



The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(A) and (B) and Local Civil Rule 73.02(B)(2)(g) (D.S.C.). On August 13, 2021, the Magistrate Judge filed a report and recommendation ("Report”), outlining the issues and recommending that the Court grant Defendant's motion for partial dismissal but also recommending that the Court grant Plaintiff the opportunity to amend his complaint.



Plaintiff filed objections to the Magistrate Judge's Report, Defendant filed a reply, and the matter is ripe for review.

Pinckney v. Preferred Home Servs. (D. S.C. 2023)

The Court affirms the Magistrate Judge's Report to the extent it is consistent with this order. The Court grants in part Defendants' motion for partial dismissal (ECF No. 7). Specifically, the Court dismisses with prejudice Plaintiff's Title VII claims against Defendant Petersen in his individual capacity and Plaintiff's § 1981 claims premised on national origin. However, the Court denies the remainder of Defendants' motion without prejudice and gives Plaintiff fourteen days to file an amended complaint.[2] Once Plaintiff files his amended complaint, Defendants may reassert any arguments for dismissal that the Court has denied without prejudice.



04/14/2023 25 ORDER DISMISSING CASE without costs and without prejudice to the right of either party, upon good cause shown within sixty (60) days, to reinstate the action if settlement is not consummated. Signed by Honorable Bruce Howe Hendricks on 04/14/2023.