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Robinson v. BGM America, Inc.

United States District Court, D. South Carolina

August 8, 2013

Barry Robinson, Plaintiff,
v.
BGM America, Inc., d/b/a Beneteau USA, Inc., Defendant

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For Barry Robinson, Plaintiff: Pheobe A Clark, Wukela Law Firm, Florence, SC.

For BGM America Inc, doing business as Beneteau USA Inc, Defendant: Richard J Morgan, LEAD ATTORNEY, McNair Law Firm, Columbia, SC; Robert Hayne Hodges, III, Gignilliat Savitz and Bettis, Columbia, SC.

OPINION

Page 556

Mary G. Lewis, United States District Judge.

ORDER AND OPINION

Plaintiff Barry Robinson (" Plaintiff" ) filed this action against BGM America, Inc., d/b/a Beneteau USA, Inc., (" Defendant" ) alleging claims against his former employer for race discrimination and retaliation in violation of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § § 2000e et seq. (" Title VII" ) and the South Carolina Human Affairs Law, S.C. Code Ann. § § 1-13-20 and 1-13-80(a)(1), and discrimination in violation of the Americans with Disabilities Act of 1990 (" ADA" ), 42 U.S.C. § § 12101, 12112(b).

On December 21, 2012, Defendant filed a Motion for Summary Judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. (ECF No. 30.) Plaintiff filed a response in opposition on January 7, 2013, with additional attachments filed on January 8, 2013 (ECF Nos. 32 & 33) and Defendant filed a reply on January 17, 2013. (ECF No. 36.) In accordance with 28 U.S.C. § 636(b)(1) and Local Civil Rule 73.02 D.S.C., this employment discrimination matter was referred to United States Magistrate Judge Kaymani D. West for consideration of pretrial matters. The Magistrate Judge has prepared a thorough Report and Recommendation which recommends that Defendant's Motion for Summary Judgment be granted. Plaintiff filed timely objections to the Report and Recommendation. (ECF No. 46.) For the reasons set forth herein, this court adopts the Report and Recommendation and Defendant's Motion for Summary Judgment is GRANTED.

BACKGROUND AND PROCEDURAL HISTORY

The Report and Recommendation sets forth in detail the relevant facts and standards of law on this matter, and the court incorporates them and summarizes below in relevant part. Plaintiff filed this matter on December 20, 2011, alleging race discrimination and retaliatory treatment related to his employment. (ECF No. 1.) On December 21, 2012, Defendant moved for summary judgment. (ECF No. 30.) After consideration of the response filed in opposition to the Motion for Summary Judgment (ECF No. 32), several documents submitted in support of the opposition (ECF No. 33), Defendant's reply (ECF No. 36), and after conducting a ...


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