BARNES v. SENTRY MANAGEMENT INC (2019)

[Unpublished]

In this Title VII action, Dewayne Barnes appeals after the district court ¹ granted motions to dismiss filed by Sentry Management, Inc. (“Sentry”) and The St. Regis Apartments, Inc. (“St. Regis”). Upon careful de novo review, we conclude the district court did not err in granting the motions to dismiss. See Kelly v. City of Omaha, 813 F.3d 1070, 1075 (8th Cir. 2016) (standard of review). We first agree with the district court that the claims against St. Regis were time-barred. See 42 U.S.C. § 2000e-5(f)(1) (setting forth 90-day period to file suit following receipt of right-to-sue notice). We further agree that Barnes failed to allege sufficient facts to support a plausible claim against Sentry under Title VII. See Ashcroft v. Iqbal, 556 U.S. 662, 678–83, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009) (discussing plausibility requirement in context of motion to dismiss).

Accordingly, we affirm the judgment. See 8th Cir. R. 47B. We also deny as moot St. Regis’s pending motion to supplement the record.

FOOTNOTES

1.   The Honorable Jean C. Hamilton, United States District Judge for the Eastern District of Missouri.

PER CURIAM.