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Ferguson v. Waffle House, Inc.

United States District Court, D. South Carolina, Beaufort Division

January 15, 2014

Keith Ferguson, Plaintiff,
v.
Waffle House Inc., Defendant

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For Keith Ferguson, Plaintiff: Jennifer Munter Stark, LEAD ATTORNEY, Jennifer Munter Stark Law Office, Mt Pleasant, SC; Ashley E Ameika, AMEIKA Law LLC, North Charleston, SC.

For Waffle House Inc, Defendant: Stephanie E Lewis, LEAD ATTORNEY, Thomas Chase Samples, Jackson Lewis, Greenville, SC.

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REPORT AND RECOMMENDATION

Bristow Marchant, United States Magistrate Judge.

This action has been filed bye the Plaintiff pursuant to, inter alia, Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et. seq., and 42 U.S.C. § 1981. Plaintiff, a former employee of the Defendant, asserts claims of discrimination under the cited statutes. Plaintiff also asserts a state law claim for breach of contract.

The Defendant filed a motion for summary judgment pursuant to Rule 56, Fed.R.Civ.P., on July 18, 2013. After receiving an extension of time to respond, Plaintiff filed a memorandum in opposition to the Defendant's motion on August 20, 2013, following which the Defendant filed a reply memorandum on September 13, 2013. The Defendant's motion is now before the Court for disposition.[1]

Background and Evidence[2]

The Plaintiff is an African-American who has worked for the Defendant Waffle House at different times over a course of years. Plaintiff initially worked for the Defendant for several years in the early 1990s as a grill operator, before he went to college. Plaintiff's Deposition, pp. 48-49. In September 2010, Plaintiff was rehired by the Defendant as a Manager Trainee. Plaintiff's Deposition, p. 58; Anderson Deposition, p. 31. Plaintiff's supervisor was Division Manager Mark Anderson, also an African-American. Plaintiff's Deposition, pp. 58-59. Anderson testified that the Defendant hires " ...


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