UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
)
RICHARD MARTIN, )
)
Plaintiff, )
)
v. ) Civil Action No. 16-cv-0743-TSC
)
McDONALD’S CORPORATION, )
)
Defendant. )
)
)
MEMORANDUM OPINION
In a complaint filed pro se on May 22, 2015, in the United States District Court
for the District of Massachusetts, plaintiff alleges that on September 26, 2013, a special
police officer harassed and assaulted him while he stood in the lobby of a McDonald’s
restaurant in the District of Columbia and falsely arrested him. (Compl. at 1-2, ECF
No. 1.) Because of the location of the alleged events, the case was transferred to this
Court in April 2016. (See ECF Nos. 24, 25.) Plaintiff sues McDonald’s Corporation in
Oak Brook, Illinois, for intentional infliction of emotional distress, negligence, battery,
defamation, false imprisonment, assault, and malicious prosecution. (Compl. at 2.)
Defendant moved for dispositive relief on May 4, 2016 (ECF No. 26), and
plaintiff was ordered to respond by June 20, 2016, or risk summary dismissal of the
case on a conceded motion to dismiss. (See May 4, 2016 Order, ECF No. 28.) Plaintiff
has not complied with the order, and he has not sought additional time to comply.
Therefore, the Court finds that plaintiff has conceded defendant’s valid arguments for
1
dismissal—namely (1) that his intentional tort claims based on events that allegedly
occurred in September 2013 are barred by the District of Columbia’s one-year statute of
limitations, and (2) that he has failed to state a claim against McDonald’s Corporation
since it has no relationship with the alleged wrongdoer and does not own or operate the
McDonald’s restaurant where the alleged incident occurred. (Def.’s Mem. of P. & A. at
4-7.) Consequently, this case will be dismissed. A separate Order accompanies this
Memorandum Opinion.
Date: July 6, 2016
Tanya S. Chutkan
TANYA S. CHUTKAN
United States District Judge
2