United States District Court, D. South Carolina, Beaufort Division
Decided: May 7, 2014.
[Copyrighted Material Omitted]
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.
Sol Blatt, Jr., Senior United States District Judge.
This matter is before the Court upon Plaintiff Keith Ferguson's (" the Plaintiff'
or " Ferguson" ) complaint, which alleges discrimination claims pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-17 and 42 U.S.C. § 1981, as well as a state law claim for breach of contract. On July 18, 2013, Defendant Waffle House, Inc. (" Waffle House" ) filed a motion for summary judgment pursuant to Rule 56 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 January 15, 2014, the Magistrate Judge issued a report and recommendation (" R& R" ), outlining the issues and recommending that the Court grant the Defendant's motion for summary judgment. On January 27, 2014, the Plaintiff filed objections to the R& R, and the Defendant filed a response to the Plaintiff's objections on February 13, 2014.
STANDARDS OF REVIEW
I. The Magistrate Judge's R& R