Coclough v. Akal Security, Inc.

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA JANICE G. COCLOUGH, : : Plaintiff, : v. : Civil Action No. 16-2376 (BAH) : AKAL SECURITY, INC., et al., : : Defendants. : MEMORANDUM OPINION Plaintiff Janice G. Coclough brings this action against her former employer, Akal Security, Inc., and two former supervisors, Lois Epps and Josiah Eaves, under Title VII of the Civil Rights Act of 1964 (“Title VII”), as amended, see 42 U.S.C. §§ 2000e et seq., the District of Columbia Human Rights Act (“DCHRA”), see D.C. Code §§ 2-1401.01 et seq., and the Employees of District Contractors and Instrumentality Whistleblower Protection Act (“Whistleblower Act”), see D.C. Code §§ 2-223.01 et seq. See generally Pl.’s Second Am. Compl. for Declaratory J., Injunctive Relief, and Monetary Damages, ECF No. 24. Pending before the Court are the Defendants’ Motion to Dismiss Plaintiff’s Second Amended Complaint, or, in the Alternative, for Summary Judgment, ECF No. 25; the Plaintiff’s Praecipe Requesting Entry of Default Against Defendant Lois Epps, ECF No. 27; and the Plaintiff’s Motion for Entry of Default Against Defendant Lois Epps, ECF No. 28. Based on the defendants’ representations that Epps now is represented by counsel and that she joins in their dispositive motion, see Def. Lois Epps’ Opp’n to Pl.’s Mot. for Entry of Default Against Lois Epps ¶¶ 4-5, ECF No. 30, the plaintiff’s motions are denied. For the 1 reasons discussed below, the defendants’ motion is granted in part and denied in part, without prejudice. I. BACKGROUND Akal Security, Inc. (“Akal”) entered into a contract with the District of Columbia for security services at the Superior Court of the District of Columbia (“Superior Court”). Mem. of P. & A. in Support of Defs. Akal Security, Inc. and Josiah Eaves’s Mot. to Dismiss Pl.’s Second Am. Compl., or, in the Alternative, for Summ. J. (“Defs.’ Mem.”) at 2, ECF No. 25-2. The plaintiff described Akal as “one of the largest contract security companies in the country” which “provides security services and personnel to courthouses across the country including . . . the Superior Court[.]” Pl.’s Second Am. Compl for Declaratory J., Injunctive Relief, and Monetary Damages (“SAC”) ¶ 11. The plaintiff was an Akal employee in its Security Service Program assigned to the Superior Court from October 4, 2010, SAC ¶ 15, until her termination on July 17, 2016, Defs.’ Mem., Ex. A (Charge of Discrimination No. 570-2016-01588 dated June 23, 2016 (“EEOC Charge”)) at 1. Lois Epps and Josiah Eaves were the plaintiff’s supervisors. SAC ¶¶ 12-13. The “[p]laintiff was a member of a bargaining unit whose terms and conditions of employment [were] governed by a collective bargaining agreement . . . between Akal and the International Union, Security, Police and Fire Professionals of America and its Local 443,” which agreement was in effect from October 1, 2013 through September 30, 2016. Defs.’ Mem. at 3; see generally Defs.’ Opp’n to Pl.’s Mot. for Leave to File Second Am. Compl., Ex. A (Collective Bargaining Agreement Between AKAL ...

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