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Pete v. Capital One, N.A.

United States District Court, N.D. Texas, Fort Worth Division

June 26, 2018

QUENTIN PETE, Plaintiff,
v.
CAPITAL ONE, N.A. Defendant.

          MEMORANDUM OPINION AND ORDER

          John Mcbryde, United States District Judge.

         Before the court for consideration and decision is the motion of defendant, Capital One, N.A., for summary judgment on the claims of plaintiff, Quentin Pete, against it. Having considered the motion, plaintiff's response thereto, defendant's reply, plaintiff's surreply, the entire record in this action, and the applicable legal authorities, the court finds that the motion should be granted and that the claims asserted by plaintiff against defendant should be dismissed with prejudice.

         I.

         Relevant Procedural Background

         Plaintiff initiated this action on June 12, 2017, by the filing of an original petition in the District Court of Tarrant County, Texas, 96th Judicial District. On July 24, 2017, defendant removed the action to this court. On September 20, 2017, plaintiff filed an amended complaint, titled "Plaintiff's Second Amended Complaint," asserting as Count 1 race and color discrimination arising under Title VII, 42 U.S.C. §§ 2000e to 2000e-l7, as Count 2 race and color discrimination arising under Chapter 21 of the Texas Labor Code, and as Count 3 a violation of 42 U.S.C. § 1981. On April 19, 2018, plaintiff amended his complaint to add as Count 4 a claim that defendant violated plaintiff's rights under the Family and Medical Leave Act ("FMLA"), 29 U.S.C. §§ 2611-2654, by failing to provide plaintiff requisite notices.

         II.

         Defendant's Motion for Summary Judgment and Plaintiff's Response

         A. Defendant's Motion for Summary Judgment

         On May 10, 2018, defendant filed the motion for summary judgment now before the court. Defendant seeks summary judgment on plaintiff's claims against it on the following grounds:

1. Plaintiff cannot establish a prima facie case of race or color discrimination "because he cannot prove that Capital One treated non-African American, Black employees more favorably under 'nearly identical' circumstances." Doc.[1] 73 at 2.
2. Plaintiff's color discrimination claims fail for the additional reason that plaintiff failed to exhaust his administrative remedies relative to the claims because he did not file a charge of discrimination with the Texas Workforce Commission or the Equal Employment Opportunity Commission.
3. Even if plaintiff could establish a prima facie case of discrimination, defendant has articulated a legitimate, nondiscriminatory reason for terminating plaintiff--that plaintiff violated a company policy and falsified documents--which plaintiff admitted in his deposition was not pretext.
4. Plaintiff's FMLA claim has no basis in law because plaintiff was provided notice in May and June 2016 of his eligibility for FMLA leave.
5. All of plaintiff's claims are barred by judicial estoppel due to plaintiff's failure to disclose the claims asserted in this action to the bankruptcy court during the pendency of his bankruptcy proceeding, which was ...

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