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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND : BRETTANA M. WEATHERS, et al. : v. : Civil Action No. DKC 2002-3274 : CONSOLIDATED STORES CORP. : MEMORANDUM OPINION Presently pending and ready for resolution in this racial discrimination case is the motion by Plaintiffs Brettana

Weathers and Andrea Weathers to dismiss the complaint with prejudice. The issues have been briefed and the court now Local Rule 105.6.

rules, no hearing being deemed necessary.

For the reasons that follow, the court will grant the motion to dismiss with prejudice. I. Background A. Factual Background The following are facts either uncontroverted or viewed in the light most favorable to Plaintiffs Brettana Weathers and Andrea Weathers, both of whom are African-American. On or about

December 26, 1999, Plaintiff Bretanna Weathers visited the KB Toy Store located in the Forest Village Park Mall in

Forestville, Maryland, then owned by Defendant Consolidated Stores Corporation, with her two sons. As they brought the

items

they

had

chosen

to

the

check-out

counter,

Plaintiff The When

Bretanna Weathers began to fill out a check as payment. cashier informed her that the store did not accept checks.

Plaintiff Bretanna Weathers inquired as to the reason, the cashier replied that it was store policy. Plaintiff Bretanna

Weathers then left the items with the cashier and went to an ATM machine in the mall to withdraw cash to pay for the items. Upon

her return to the store, the security gate had been pulled down and the cashier allegedly ignored her for a period of time. In April 2000, Plaintiff Andrea Weathers visited the KB Toy Store located in the Iverson Mall in Temple Hills, Maryland, with her daughters. After selecting an item for purchase,

Plaintiff Andrea Weathers planned to pay with a check, having noticed a sign stating that the check policy of the store required two accompanying forms of identification. She wrote

the check, but the cashier told her that the store did not accept checks, explaining that the sign was regional and that this particular store did not accept checks. Plaintiff Andrea

Weathers then purchased the item with a credit card. B. Procedural Background On October 7, 2002, Plaintiffs filed a complaint against Defendant under 42 U.S.C. them

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