UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF OHIO

WESTERN DIVISION

CINCINNATI, OHIO

Alvin Moore

5744 Pearton Court

Cincinnati, Ohio 45224

Plaintiff,

v. 

Coca Cola Bottling Company Consolidated

4100 Coca Cola Plaza

Human Resources Department

Charlotte, North Carolina 28211

Defendant.

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Case No. 

Judge: 

Magistrate: 

COMPLAINT 

(Jury Demand Endorsed Herein)

 

Now comes the Plaintiff, Alvin Moore (“Plaintiff” or “Moore”), by and through 

counsel, for his Complaint against the above-named Defendant as follows: 

I. THE PARTIES

1. Plaintiff is an individual residing in Cincinnati, Ohio, Hamilton County and is an

employee of the Defendant.

2. The Defendant is, upon information and belief, a foreign company with its 

corporate office located at 4100 Coca Cola Plaza, Charlotte, North Carolina 28211.

3. The Defendant also has a facility located at 5100 Duck Creek Road, Cincinnati, 

Ohio 45227 (“Duck Creek”), which is where the Plaintiff worked for the Defendant at all 

relevant times herein.

4. The Defendant is the largest bottling company for Coca Cola in the United States 

with its corporate office in Charlotte, North Carolina and 13 manufacturing facilities and 30 

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distribution and sales facilities in the United States. The Defendant’s primary service is to 

make, sell and distribute beverages of The Coca-Cola Company, and other partner companies 

in more than 300 brands and flavors across 14 states and the District of Columbia, to over 65 

million consumers. 

5. At all relevant times herein, the Defendant employed the Plaintiff to work as a

forklift operator at its Duck Creek facility in Cincinnati, Ohio.

6. At all relevant times herein, the Defendant was the Plaintiff’s employer and is an 

employer as defined by Title VII of the Civil Rights Act of 1964, as codified in 42 U.S.C. 

2000e(b), et seq.; the Ohio Civil Rights Act as found in the Ohio Revised Code Chapter 4112.

7. At all relevant times herein, the Plaintiff was an employee of the Defendant, and is 

an employee as defined in Title VII of the Civil Rights Act of 1964, as codified in 42 U.S.C. 

2000e(b), et seq.; the Ohio Civil Rights Act as found in Ohio Revised Code § 4112.01, et seq.

II. JURISDICTION AND VENUE

8. Plaintiff fully incorporates the allegations in the preceding paragraphs of this 

Complaint as if fully rewritten herein.

9. This Court has federal jurisdiction over this case pursuant to 28 U.S.C. §1331 

because Plaintiff’s Complaint raises a cause of action under Title VII of the Civil Rights Act of 

1964, as amended, as codified in 42 U.S.C. 2000e(b), et seq. This Court has supplemental 

jurisdiction over the Plaintiff’s state law causes of action pursuant to 28 U.S.C. § 621, et seq. 

because these claims arise out of the same facts and circumstances involved in the federal 

causes of action herein and involve the same case or controversy.

10. Venue is proper within the Southern District of Ohio, Western Division pursuant to 

28 U.S.C. § 1391 because all of the conduct giving rise to the Plaintiff’s causes of action 

occurred in Cincinnati, Ohio, Hamilton County.

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11. Plaintiff dually filed a charge of race and gender discrimination with the Equal 

Employment Opportunity Commission (“EEOC”) and the Ohio Civil Rights Commission 

(“OCRC”). The EEOC issued a Dismissal and Notice of Rights, which was mailed on April 18, 

2018. A copy is attached hereto as Exhibit 1. 

III. FACTS 

12. Plaintiff fully incorporates the allegations in the preceding paragraphs of this 

Complaint as if fully rewritten herein.

13. Plaintiff is an African American male.

14. On or about March 15, 2015 the Defendant hired the Plaintiff to work as a Pallett 

Jack Operator. On January 5, 2017, the Plaintiff was promoted to a Forklift Operator position

on third shift. 

15. The Plaintiff switched to second shift in April 2017.

16. On or about June 21, 2017, the Defendant held a meeting with all 2nd shift forklift 

operators, pallet jack operators and two second shift supervisors (Darryl and Anthony). 

17. In the meeting, two shift supervisors told the workers that they could not stage their 

product outside the warehouse in a driveway next to the door anymore because of OSHA 

issues and new food safety laws. 

18. Kenny McGuire (African American male) spoke for everyone and said this will slow 

the whole process down and slow the build down. 

19. The meeting was getting unruly, so the Plaintiff Alvin said "look, fuck it, if it's going 

to slow us down, let it slow us down, let's go man." 

20. The Plaintiff was talking specifically to Kenny and all the other guys that were 

complaining about not being able to do their job under these new rules. 

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21. A lot of employees were cursing during this meeting, in addition to the Plaintiff.

22. Even though other white employees were also cursing during this meeting, the 

Defendant singled out the Plaintiff and terminated his employment for “inappropriate language

in front of a supervisor.” They called this insubordination.

23. The Defendant treated similarly situated white employees differently than the 

Plaintiff even though these employees engaged in the same conduct.

24. The Plaintiff was treated differently because of his race and in retaliation for his 

prior complaints of discrimination, harassment and various terms and conditions of his 

employment.

25. Approximately three weeks later, the Defendant called the Plaintiff back to work 

and forced him to sign a Last Chance Agreement.

26. As a direct and proximate cause of the Defendant’s actions, the Plaintiff has 

suffered damages for which he is entitled to judgment as a matter of law.

COUNT I

(RACE DISCRIMINATION-TITLE VII)

27. Plaintiff fully incorporates the allegations in the preceding paragraphs of this 

Complaint as if fully rewritten herein.

28. Plaintiff is an African American male, and a member of a protected class.

29. Plaintiff was fully qualified for his position at all relevant times herein.

30. The Defendant fired the Plaintiff and Plaintiff’s termination permitted the hiring 

and/or retention of white employees.

31. Plaintiff was treated differently than other similarly situated white employees who 

are not members of his protective class.

32. The Defendant’s conduct was intentional, willful, wanton and malicious.

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33. As a direct and proximate cause of the Defendant’s actions, Plaintiff has suffered 

harm, including but not limited to front pay, back pay, emotional harm, compensatory 

damages, and attorney’s fees, and is entitled to judgment as a matter of law.

34. Thus, Plaintiff seeks compensatory and punitive damages allowed by law.

COUNT II

(RACE DISCRIMINATION – R.C. 4112.02)

35. Plaintiff fully incorporates the allegations in the preceding paragraphs of this 

Complaint as if fully rewritten herein.

36. Plaintiff is an African American male, and a member of a protected class.

37. Plaintiff was fully qualified for his position at all relevant times herein.

38. The Defendant fired the Plaintiff and Plaintiff’s termination permitted the hiring 

and/or retention of white employees.

39. Plaintiff was treated differently than other similarly situated white employees who 

are not members of his protective class.

40. The Defendant’s conduct was intentional, willful, wanton and malicious.

41. As a direct and proximate cause of the Defendant’s actions, Plaintiff has suffered 

harm, including but not limited to front pay, back pay, emotional harm, compensatory 

damages, and attorney’s fees, and, is entitled to judgment as a matter of law.

42. Thus, Plaintiff seeks compensatory and punitive damages allowed by law.

COUNT V

(INTENTIONAL INFLICITON OF EMOTIONAL DISTRESS)

43. Plaintiff fully incorporates the allegations in the preceding paragraphs of this 

Complaint as if fully rewritten herein.

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44. The Defendant’s conduct was intentional, willful, wanton, malicious, reckless, and 

outrageous.

45. As a direct and proximate cause of the Defendant’s actions, Plaintiff has suffered 

emotional harm, and is entitled to judgment as a matter of law.

46. Thus, Plaintiff seeks compensatory and punitive damages allowed by law.

COUNT VI

(PUNITIVE DAMAGES)

47. Plaintiff fully incorporates the allegations in the preceding paragraphs of this 

Complaint as if fully rewritten herein.

48. The Defendant acted intentionally, willfully, wantonly, recklessly, egregiously and

maliciously when taking the actions described herein. The Defendant acted with malice and 

reckless indifference to the Plaintiff’s state and federally protected rights. Thus, Plaintiff is 

entitled to punitive damages as a matter of law. 

WHEREFORE, the Plaintiff respectfully requests the Court to do the following:

1) JUDGMENT in favor of the Plaintiff on all Counts in the Complaint;

2) AWARD Plaintiff full compensatory damages allowed under the applicable 

state and federal laws (including, but not limited to all lost pay and benefits, 

back pay, front pay, emotional distress damages, and attorney’s fees)in excess 

of $100,000; 

3) AWARD Plaintiff PUNITIVE DAMAGES; and

4) AWARD Plaintiff prejudgment and post judgment interest, and all costs 

associated with the pursuit of this action, including, but not limited to, court 

costs, filing fees, depositions expenses, witness fees, reasonable attorneys’ 

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fees and any other legal and equitable relief that this Court deems just and 

equitable.

/s/Donyetta D. Bailey_________________

Donyetta D. Bailey ((Ohio)0072433)

Bailey Law Office, LLC

1600 Scripps Center

312 Walnut Street

Cincinnati, Ohio 45202

Phone: (513) 263-6800

Facsimile: (513) 263-6801

dbailey@baileylawofficellc.com

Counsel for Plaintiff, Michael T. Dawson

JURY DEMAND

Plaintiff hereby requests a trial by jury on all the issues raised in his Complaint. 

/s/Donyetta D. Bailey_________________

Donyetta D. Bailey ((Ohio) 0072433)

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