United States District Court, D. South Carolina, Columbia Division
William D. Sibert, Plaintiff,
Raycom Media, Inc., Adam Cannavo, and Lyle Schulze, Defendants.
OPINION AND ORDER
CAMERON MCGOWAN CURRIE, SENIOR UNITED STATES DISTRICT JUDGE.
this action, William D. Sibert (“Sibert”) seeks
recovery for events relating to his employment with WIS-TV,
an entity owned by Defendant Raycom Media, Inc.
(“Raycom”). Sibert asserts statutory
discrimination claims against Raycom under the Americans with
Disabilities Act, 42 U.S.C. § 12101, et seq.
(“ADA”) and the Age Discrimination in Employment
Act, 29 U.S.C. § 621, et seq. (“ADEA”). He
asserts a state common law claim for intentional infliction
of emotional distress (“IIED”) against Defendants
Adam Cannavo (“Cannavo”) and Lyle Schulze
matter is before the court on motion of all Defendants for
dismissal of all claims. For reasons set forth below, the
motion is granted as to the IIED claim and denied as to the
ADA and ADEA claims. In light of this ruling, Defendants
Cannavo and Schulze are dismissed from this action.
accordance with 28 U.S.C. § 636(b) and Local Civil Rule
73.02 (B)(2), D.S.C., this matter was referred to United
States Magistrate Judge Kaymani D. West for pre-trial
proceedings and a Report and Recommendation
(“Report”) on any dispositive motions. On March
19, 2018, the Magistrate Judge issued a Report recommending
Defendants' motion to dismiss be granted as to the IIED
claim and denied as to the ADA and ADEA claims. ECF No. 15.
recommended dismissal of the IIED claim relied on a single
ground: Sibert's failure to allege facts sufficient to
support all elements of this claim. Id. at 21;
see also Id. at 18 (“assuming without deciding
that the [South Carolina Workers Compensation Act's
(“SCWCA”)] exclusivity provision would not bar
Plaintiff from pursuing his IIED claim against Cannavo and
Schulze”). In support of this recommendation, the
Report addresses additional allegations included in
Sibert's present Complaint that were not included in his
Complaint in an earlier action asserting a similar claim
against Raycom, Cannovo, and Schulze, which was dismissed for
failure to state a claim.
Magistrate Judge advised the parties of their right to object
to the Report and the time within which objections must be
filed. Only Plaintiff filed objections, challenging dismissal
of his IIED claim. ECF No. 17. Defendants filed a memorandum
in opposition to Plaintiff's objections. ECF No. 19.
Magistrate Judge makes only a recommendation to this court.
The recommendation has no presumptive weight, and the
responsibility for making a final determination remains with
the court. Mathews v. Weber, 423 U.S. 261 (1976).
The court is charged with making a de novo determination of
any portion of the Report to which a specific objection is
made. The court may accept, reject, or modify, in whole or in
part, the recommendation of the Magistrate Judge, or recommit
the matter to the Magistrate Judge with instructions. 28
U.S.C. § 636(b)(1). In the absence of a specific
objection, the court reviews only for clear error. See
Diamond v. Colonial Life & Accident Ins. Co., 416
F.3d 310, 315 (4th Cir. 2005) (“in the absence of a
timely filed objection, a district court need not conduct a
de novo review, but instead must ‘only satisfy itself
that there is no clear error on the face of the record in
order to accept the recommendation.'”) (quoting
Fed.R.Civ.P. 72 advisory committee's note)).
Recommended denial of motion to dismiss ADA and ADEA
there is no objection, the court has reviewed the recommended
denial of the motion to dismiss the ADA and ADEA claims for
clear error. Finding none, the court adopts both the
reasoning and recommendation of this aspect of the Report.
Recommended grant of motion to dismiss IIED claim
his objections, Sibert argues the Report errs in recommending
dismissal of his IIED claim. In doing so, he misreads the
Report to recommend dismissal based both on application of
the SCWCA's exclusivity bar and based on a failure to
allege facts sufficient to support all elements of an IIED
claim. The Report relies only on the ...