Haskett v. Cinco Energy Management Group

161 F. Supp. 3d 465, 2015 U.S. Dist. LEXIS 179395, 2015 WL 11144555
CourtDistrict Court, S.D. Texas
DecidedMarch 1, 2015
DocketCIVIL ACTION NO. G-14-280
StatusPublished
Cited by1 cases

This text of 161 F. Supp. 3d 465 (Haskett v. Cinco Energy Management Group) is published on Counsel Stack Legal Research, covering District Court, S.D. Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Haskett v. Cinco Energy Management Group, 161 F. Supp. 3d 465, 2015 U.S. Dist. LEXIS 179395, 2015 WL 11144555 (S.D. Tex. 2015).

Opinion

MEMORANDUM AND OPINION

Lee H. Rosenthal, United States District Judge

This is an age discrimination case, one of several similar cases the plaintiff, Phillip David Haskett, has filed against companies that have not offered him employment.1 Haskett is a 57-year-old landman. In this case, he sues Cinco Energy Management Group (“Cinco”), an unnamed former Cinco employee, nine “unknown clients of Cinco,” and nine “unnamed Jon Doughs.” (Docket Entry No. 1). Haskett alleges that Cinco refused to hire him for a landman job because of his age and because the unnamed former Cinco employee made a negative comment about him to Cinco management. Haskett also alleges that the unknown clients “instituted authorized, promoted and supported” Cinco’s discriminatory employment practice.

Cinco has moved to dismiss the complaint for failure to state a claim. (Docket Entry No. 8). Haskett filed an amended complaint in response, (Docket Entry No. 11), and Cinco renewed its motion to dismiss, (Docket Entry No. 21). Haskett re[468]*468sponded to the second motion to dismiss, and Cinco replied. (Docket Entry Nos. 29, 30).

Based on the amended complaint; the motion to dismiss, the response, and reply; and the applicable law, the court grants Cinco’s motion to dismiss. The reasons for this ruling are explained below.

I. Background

Haskett is a Registered Professional Landman certified by the Association of Professional Landmen. Haskett asserts that he is “chronically unemployed,” but maintains a posting on the “Looking for Work” section of the Landmen.net job search site. (Docket Entry No. 11 at 7). Haskett claims that he submitted his resume online for “several” job openings Cinco posted on Landmen.net, but received no response. (Id. at 8). The fact that Cinco did not hire him led him to “conclude! ] that Cinco was engaging in discriminatory hiring practices designed and intended to exclude older, more experienced landmen.” (Id.).

Haskett also blames a “former employee of Cinco Energy Management Group who had worked with Mr. Haskett,” who allegedly told Cinco managers that he “could not recommend Mr. Haskett as he felt Mr. Haskett was not a team player and had difficulty in working with others.” (Id. at 17-18). Cinco has identified this former employee as Cameron Bettis, and contends that Bettis worked at Cinco when he made the statements about Haskett. (Docket Entry No. 28).

Haskett sued Cinco, its unknown clients, the former Cinco employee, and nine “Jon Doughs,” asserting claims for failure to hire in violation of the Age Discrimination in Employment Act (“ADEA”), 29 U.S.C. § 621 et seq., respondeat superior, and intentional interference with employment opportunities. Haskett also seeks a declaratory judgment that landmen are employees rather than independent contractors. (Id. at 14-16). This motion to dismiss follows the pleading amendment Haskett filed in response to the motion to dismiss the original complaint.

II. The Applicable Legal Standards

A. Rule 12(b)(6)

Rule 12(b)(6) allows dismissal if a plaintiff fails “to state a claim upon which relief can be granted.” Fed. R. Crv. P. 12(b)(6). Rule 12(b)(6) must be read in conjunction with Rule 8(a), which requires “a short and plain statement of the claim showing that the pleader is entitled to relief.” Fed. R. Crv. P. 8(a)(2). A complaint must contain “enough facts to state a claim to relief that is plausible on its face.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007); Ashcroft v. Iqbal, 556 U.S. 662, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009). Rule 8 “does not require ‘detailed factual allegations,’ but it demands more than an unadorned, the-defendant-unlawfully-harmed-me accusation.” Iqbal, 556 U.S. at 678, 129 S.Ct. 1937 (citing Twombly, 550 U.S. at 555, 127 S.Ct. 1955). “A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Id. (citing Twombly, 550 U.S. at 556, 127 S.Ct. 1955). “The plausibility standard is not akin to a ‘probability requirement,’ but it asks for more than a sheer possibility that a defendant has acted unlawfully.” Id. (citing Twombly, 550 U.S. at 556, 127 S.Ct. 1955).

To withstand a Rule 12(b)(6) motion, a “complaint must allege ‘more than labels and conclusions,’ ” and “ ‘a formulaic recitation of the elements of a cause of action will not do.’ ” Norris v. Hearst Trust, 500 F.3d 454, 464 (5th Cir.2007) (quoting Twombly, 550 U.S. at 555, 127 S.Ct. 1955). “Nor does a complaint suffice [469]*469if it tenders ‘naked assertion[s]’ devoid of ‘further factual enhancement.’ ” Iqbal, 556 U.S. at 678, 129 S.Ct. 1937 (alteration in original) (quoting Twombly, 550 U.S. at 557, 127 S.Ct. 1955). “To survive a Rule 12(b)(6) motion to dismiss, a complaint ‘does not need detailed factual allegations,’ but must provide the plaintiffs grounds for entitlement to relief — including factual allegations that when assumed to be true ‘raise a right to relief above the speculative level.’ ” Cuvillier v. Taylor, 503 F.3d 397, 401 (5th Cir.2007) (footnote omitted) (quoting Twombly, 550 U.S. at 555, 127 S.Ct. 1955). “Conversely, ‘when the allegations in a complaint, however true, could not raise a claim of entitlement to relief, this basic deficiency should ... be exposed at the point of minimum expenditure of time and money by the parties and the court.’ ” Id. (quoting Twombly, 550 U.S. at 558, 127 S.Ct. 1955). Pro se pleadings are liberally construed. See Erickson v. Pardus, 551 U.S. 89, 94, 127 S.Ct. 2197, 167 L.Ed.2d 1081 (2007).

When a plaintiffs complaint fails to state a claim, the court should generally give the plaintiff a chance to amend the complaint under Rule 15(a) before dismissing the action with prejudice, unless it is clear that to do so would be futile. See Great Plains Trust Co. v. Morgan Stanley Dean Witter & Co., 313 F.3d 305, 329 (5th Cir.2002) (“[District courts often afford plaintiffs at least one opportunity to cure pleading deficiencies before dismissing a case, unless it is clear that the defects are incurable or the plaintiffs advise the court that they are unwilling or unable to amend in a manner that will avoid dismissal.”). A plaintiff should be denied leave to amend a complaint if the court determines that “the proposed change clearly is frivolous or advances a claim or defense that is legally insufficient on its face.” 6 Charles A. Wright, Arthur R. Miller & Mary Kay Kane, Federal Practice and Prooedure § 1487 (2d ed. 1990); see also Ayers v. Johnson, 247 Fed.Appx.

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161 F. Supp. 3d 465, 2015 U.S. Dist. LEXIS 179395, 2015 WL 11144555, Counsel Stack Legal Research, https://law.counselstack.com/opinion/haskett-v-cinco-energy-management-group-txsd-2015.