Cook v. Twin Oaks Country Club

ORDER DENYING DEFENDANT’S MOTION TO DISMISS

SMITH, District Judge.

Pending is Defendant’s Motion to Dismiss Plaintiffs Complaint pursuant to Fed. R.Civ.P 12(b)(1) for lack of subject matter jurisdiction (Doc. #3). Plaintiff filed his Complaint on May 17, 2000, claiming discrimination in his working conditions on the basis of his race. Defendant asserts that it is a private membership club and thus exempt from Plaintiffs employment discrimination suit under 42 U.S.C. § 1981. Defendant’s motion is denied.

BACKGROUND

Plaintiff started working as a server at Twin Oaks Country Club in March, 1998.…