Kimberly Jo Martin v. The Whitinsville Golf Club, Dominic Restagno, Individually, and Anthony Guerra, Individually

CourtDistrict Court, D. Massachusetts
DecidedNovember 3, 2025
Docket4:25-cv-40068
StatusUnknown

This text of Kimberly Jo Martin v. The Whitinsville Golf Club, Dominic Restagno, Individually, and Anthony Guerra, Individually (Kimberly Jo Martin v. The Whitinsville Golf Club, Dominic Restagno, Individually, and Anthony Guerra, Individually) is published on Counsel Stack Legal Research, covering District Court, D. Massachusetts primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kimberly Jo Martin v. The Whitinsville Golf Club, Dominic Restagno, Individually, and Anthony Guerra, Individually, (D. Mass. 2025).

Opinion

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS

) KIMBERLY JO MARTIN, ) Plaintiff, ) ) v. ) CIVIL No. 4:25-cv-40068-MRG ) THE WHITINSVILLE GOLF CLUB, ) DOMINIC RESTAGNO, Individually, and ) ANTHONY GUERRA, Individually, ) ) Defendants. ) )

ORDER ON DEFENDANTS DOMINIC RESTAGNO’S AND ANTHONY GUERRA’S MOTION TO DISMISS [ECF. No. 18]

GUZMAN, J. Ms. Kimberly Martin (“Martin” or “Plaintiff”) brings this action against her former employer, the Whitinsville Golf Club (“WGC” or “Club”), and two individual Defendants Dominic Restagno (“Restagno”) and Anthony Guerra (“Guerra”), who previously held leadership roles and were members of the WGC at all relevant times. Martin alleges claims of sex-based wage discrimination, retaliation, discriminatory interference and coercion, tortious interference with contractual relations, and age discrimination in violation of Massachusetts and federal law. [See Compl., ECF No. 1]. Defendants Restagno and Guerra move to dismiss pursuant to Fed. R. Civ. P. 12(b)(6). [See Defs.’ Mot. Dismiss, ECF No. 18]. Before the Court is a Motion to Dismiss related to: Counts VI, Retaliation under M.G.L. ch. 151B §4(4A) (“Chapter 151B”); Count IX, Discriminatory Interference and Coercion under M.G.L. ch. 151B §4(5); and Count X, Tortious Interference with Contractual Relations.1 For the reasons stated below, the Defendants’ motion is DENIED.

I. BACKGROUND The following relevant facts are taken primarily from the allegations in Plaintiff’s Complaint, [Compl.], and are accepted as true for purposes of this motion. Ruivo v. Wells Fargo Bank, N.A., 766 F.3d 87, 90 (1st Cir. 2014) (explaining that a reviewing court "must separate the complaint’s factual allegations (which must be accepted as true) from its conclusory legal allegations (which need not be credited)."). All plausible inferences are made in Plaintiff’s favor. Id.

A. Relevant Facts2 The Whitinsville Golf Club is a private, member-owned golf club. [Compl. ¶ 7]. Martin commenced her employment with WGC on October 18, 2021, when Guerra, in his capacity as then-President of WGC, executed a General Manager Contract Agreement between the WGC Board of Governors and Martin. [Id. ¶ 8 (citing Exhibit A, ECF No. 1-3)]. Her one-year contract was renewed by then-President Edward Zywien on February 20, 2023, effective through December

31, 2024. [Compl. ¶ 10].

1 Plaintiff, in her Opposition to the Motion to Dismiss voluntarily dismissed Count V (Retaliation under Title VII) against the Individual Defendants as Title VII does not provide for a claim of individual liability. [Pl.’s Opp’n Defs.’ Mot. Dismiss, ECF No. 20 at 1]; see 42 U.S.C. §2000-e. 2 Martin asserts in her complaint additional facts to support her claims of sex-based wage discrimination and age-discrimination that relate to WGC’s alleged conduct. [Compl., ¶¶ 11, 52- 58]. These facts are not included in this Order, as they are not pertinent to the claims related to Defendants’ Motion to Dismiss before the Court. i. Alleged Harassment Martin alleges that during her employment at WGC, she experienced multiple instances of sexual harassment and gender discrimination, which reflect the prevalent discriminatory culture of WGC. The incident at the crux of this case was on August 12, 2023, during the evening after the

WGC men’s invitational golf tournament. [Id. ¶¶ 12-14]. Martin alleges that on that night, Defendants Restagno and Guerra, and members of WGC’s third-party catering company, Labeck LLP, were drinking at the Club bar where Martin was working. The conversation between the Club members and the contracted staff devolved into “sexually obscene” content, including remarks on Martin’s breast size, showing videos of anal penetration of the pig that was later cooked and served to guests, euphemisms for sexual activity, and other visually explicit behavior. [Id. ¶¶ 14-19]. Within the next few days, Martin spoke to the Labeck LLP workers about their behavior and reported the details of the evening to WGC President Zywein and WGC Vice President Peter Castellanos (“Castellanos”). [Id. ¶ 20]. Martin and three of her staff members, including her friend and colleague Melissa Peterson (“Peterson”), later filed a written complaint regarding the behavior

of Restagno, Guerra, and the Labeck staff. [Id. ¶ 21]. The following week, WGC hosted another tournament where Castellanos required Martin to play as the golf partner to a WGC member who had previously made unreciprocated and unwelcomed romantic advances. [Id. ¶ 22]. Martin asserts that Castellanos was aware of these unwelcomed advances when he required her to play with the member, and that the member was never reprimanded for his behavior. [Id. ¶¶ 23-24]. After this event, Castellanos required Martin to play with the member again, and Martin refused [Id.] ii. Alleged Retaliation On September 25, 2023, WGC held a disciplinary hearing for Restagno and Guerra. [Id. ¶ 25]. Martin was not allowed to attend the disciplinary hearing, in violation of WGC’s bylaws. [Id.] After the meeting, Castellanos instructed Martin to spend most of her shifts in her office, rather

than out on the floor. [Id. ¶ 26]. On October 3, 2023, Zywein informed Martin via e-mail that Restagno and Guerra were suspended from the Club for 60 days, and that Restagno had resigned from the WGC board. [Id. ¶ 27]. Martin and Peterson were informed by Zywein and Castellanos that their complaints against Restagno and Guerra were not being treated as sexual harassment violations, but violations of WGC’s “Code of Conduct,” because of the “financial effect that another sexual harassment complaint would have on WGC.” [Id. ¶ 27]. 3 Martin was later instructed by Castellanos to stop referring to the “August incident” as sexual harassment. [Id. ¶ 28]. Martin asserts that after the incident, Castellanos would sit at the Club bar and disparage Martin to other Club members. [Id. ¶ 29].

In November 2023, Martin learned that her bar budget was cut in half, despite increased costs of supplies and WGC’s changed expectation that she hosts more events as a condition for receiving her bonus. [Id. ¶ 30]. In addition to the lower budget, Martin asserts that Restagno and Guerra each took a fraudulent medical leave from WGC after their suspensions and convinced other WGC members to boycott the Club in protest of Martin’s presence as General Manager. [Id. ¶¶ 31-32]. The boycott, according to Martin, was meant to incentivize WGC to fire her as General

3 Martin asserts that a similar harassment incident occurred previously at WGC with a fellow bartender who alleged that she had been the subject of inappropriate sexual touching and language by a Club member. The Club member was later promoted to the House Committee that oversaw the bartending staff, and the female complainant was terminated from her employment. [Compl., ¶ 64]. Manager, as the boycotting members did not pay their Club dues, and the absence of Restagno, Guerra, and their friends at the bar led to a noticeable drop in alcohol sales. [Id. ¶¶ 32-33]. This boycott was paired with several disparaging remarks from Club members aligned with the Defendants. [Id. ¶ 34].

In December of 2023, Martin received a negative year-end review from Castellanos because she was unable to reach the financial goals set for the bar, and as a result, only received $3,500 of her potential $10,000 bonus. [Id. ¶ 35]. Martin responded to the review noting the “constant negative, harassing, and hostile behavior from members of WGC.” [Id. ¶ 36]. In January 2024, WGC presented Martin with a contract amendment that would permit Martin or WGC to terminate their prior contract before its then-existing expiration date of December 2024. [Id.

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Kimberly Jo Martin v. The Whitinsville Golf Club, Dominic Restagno, Individually, and Anthony Guerra, Individually, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kimberly-jo-martin-v-the-whitinsville-golf-club-dominic-restagno-mad-2025.