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Dames v. J.P. Morgan Chase & Co.

Race Bias Suit Dismissed; Intent to Discriminate Based on Race Insufficiently Alleged

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MEMORANDUM & ORDER Plaintiff Marquis Dames brings this action against Defendants JPMorgan Chase & Co. (“JPMCC”), JPMorgan Chase Bank, N.A. (“Chase Bank”), and Noemi Graham (collectively the “Defendants”). (See Am. Compl. (Dkt. 5).) Plaintiff asserts claims for race discrimination under 42 U.S.C. §1981 and intentional infliction of emotional distress (“IIED”) under state law. Before the court is the Defendants’ motion to dismiss the Amended Complaint. (Mot. to Dismiss (Dkt. 29).) For the following reasons, the motion is GRANTED with prejudice. I. BACKGROUND1 Plaintiff, an African American male, was struck by a vehicle while riding his e-bicycle on October 29, 2021. (Am. Comp. 1.) Unable to work and in need of money, Plaintiff received a $2,000 check, dated September 15, 2022, from Venture Funding Group. (Id.) The next day, Plaintiff deposited the check at a Chase Bank branch located at 883 Flatbush Avenue, Brooklyn, NY 11226, where he had banked for approximately ten years. (Id. 18-20.) The check had still not “clear[ed]” as of September 27, 2022, so Plaintiff visited the Chase Bank branch located at 1509 Foster Avenue, Brooklyn, NY 11230 to inquire about the delay. (Id. 21-22.) While there, Plaintiff spoke with Defendant Noemi Graham, who was Vice President Branch Manager. (Id.

2, 22, 44.) During this conversation, Graham asked Plaintiff questions about the check’s origin and directed him to Chase’s Fraud Department for assistance. (Id.

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