United States District Court, W.D. Louisiana, Monroe Division
JAZMINE V. WILSON
NEW WENDYS, INC., ET AL.
L. HAYES, MAG. JUDGE
A. DOUGHTY, UNITED STATES DISTRICT JUDGE
here is the Motion for Summary Judgment and, in the
Alternative, Motion for Partial Summary Judgment [Doc. No.
17] filed by Defendants Northeast Wendy3');">39;s Management,
Inc.; Ne Wen, Inc., (also referred to as New Wendy3');">39;s,
Inc.); James R. Fuller, Jr.; Rebecca Fuller; and David
Burkett (collectively “Defendants”). Plaintiff
Jazmine V. Wilson (“Wilson”) has filed an
opposition [Doc. No. 20]. Defendants have filed a reply [Doc.
following reasons, the Court GRANTS Defendants3');">39; motion
for summary judgment.
FACTUAL AND PROCEDURAL BACKGROUND
who is self-represented, brought this action for
discrimination in employment pursuant to Title VII of the
Civil Rights Act of 1964, 42 U.S.C. §§ 2000e,
et. seq. (“Title VII”). In her original
Complaint, Wilson named as Defendants: Rebecca Fuller;
Northeast Wendy3');">39;s Management; New Wendys, Inc.; and David
Burkett [Doc. No. 1]. In her amended Complaint, Wilson named
as Defendants: Ne Wen Inc., Rebecca Fuller, and James R.
Fuller, Jr. [Doc. No. 6].[1" name="FN1"
was employed by Ne Wen, Inc., formerly Wendy3');">39;s
Management, Inc., between July 7, 2016, and September 23');">3,
2016, as a shift manager. [Affidavit of Rebecca Fuller,
former chief operating officer of Ne Wen, Inc., Doc. No.
17-3');">3, 1');">p.1; Wilson3');">39;s EEOC complaint, Doc. No. 1-2]. Ne
Wen, Inc. at one time operated several fast food restaurants
in Louisiana. In 2016 all assets of the restaurants were
sold, and Ne Wen, Inc., is no longer doing business and has
no assets [Doc. No. 17-3');">3, 1');">p.1]. Although Wilson named New
Wendy3');">39;s Inc., as a Defendant, there is no corporation by
that name. [Id., p. 2].
Fuller Defendants were officers of Ne Wen, Inc. Defendant
David Burkett was an attorney who represented Ne Wen, Inc.,
and served as its registered agent for service of process.
a transgender woman, alleges that her employment was
terminated because of her gender identity. Wilson attached to
her Complaint approximately thirteen pages addressed to the
Equal Employment Commission (“EEOC”) in which she
recounts several occasions when underlying employees did not
respect her authority and numerous occasions where she
disagreed with how the company was being run. In her EEOC
charge, she alleges:
My employment as Shift Manager began July 7, 2016. Between
July 2016 and September 2016, I performed the duties of Shift
Manager at four (4) different locations. My immediate
supervisor was Rebecca Fuller. The District Manager was
Angela Brunner. Tamika LNU was a Store Manager. During my
employment I was disrespected and subjected to the use of
foul language by the crew members I supervised. As Shift
Manager, I initiated termination procedures for employees who
violated company policy, but Ms. Brunner would void the
termination and allow the employees to return to work. More
specifically, Danielle Tabb and Jimmy Davis were terminated
for failing to follow directions/company policy and Ms.
Brunner returned them both to the schedule with no
discussions. My employment was terminated on September 23');">3,
2016 by Ms. Brunner.
[Doc. No. 1-2, 18');">p. 18].
further stated in her EEOC charge:
I was terminated for insubordination because of an
altercation between myself and Store Manager, Tamkia;
however, when I reported altercations and insubordination
towards me by crew members, no action was taken, and they
were returned to work.
I believe I have been discriminated against because of my
sex/gender identity in ...