at ¶ 6.) Plaintiff also alleges that on May 18, 2001, she had an argument with the store manager. Gwinn was not convicted for the DWI, but was placed on Probation Before Judgment. According to plaintiff, "n or about March 15, 2001, was arrested for Driving While Intoxicated (`DWI'). Airy, Maryland location from January 2000 until her termination on May 25, 2001. For the reasons that follow, the Court will grant the defendant's motion to dismiss on the ground that plaintiff has failed to plead a claim upon which relief may be granted.ĭorothy Gwinn was an employee of Food Lion at its Mt. This matter has been fully briefed and no hearing is necessary. 12(b) (6) brought by defendant Food Lion, LLC ("Food Lion"). Now pending is a motion to dismiss pursuant to Fed.R.Civ.P. Martel, Chan PArk, Heather French, Christine Samsel, Akin, Gump, Strauss, Hauer and Feld LLP, McLean, VA, for Defendant. Brooks, Towson, MD, for Plaintiff.Ĭharles F.
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