Simmons v. Methodist Hospitals

106 F. Supp. 3d 799, 2015 U.S. Dist. LEXIS 57780, 2015 WL 1958994
CourtDistrict Court, N.D. Texas
DecidedMay 1, 2015
DocketCivil Action No. 3:14-CV-2958-B
StatusPublished
Cited by3 cases

This text of 106 F. Supp. 3d 799 (Simmons v. Methodist Hospitals) is published on Counsel Stack Legal Research, covering District Court, N.D. Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Simmons v. Methodist Hospitals, 106 F. Supp. 3d 799, 2015 U.S. Dist. LEXIS 57780, 2015 WL 1958994 (N.D. Tex. 2015).

Opinion

MEMORANDUM OPINION AND ORDER

JANE J. BOYLE, District Judge.

Before the Court is a Motion to Dismiss (doc. 15), filed by Defendant Methodist Hospitals of Dallas on October 14, 2014. For the reasons that follow, the Motion is GRANTED.

I.

BACKGROUND1

A. Factual Background

Plaintiff Jason Simmons (“Simmons”), appearing pro se, filed this lawsuit based on events that allegedly occurred during his service as an internal medicine resident physician at Defendant Methodist Hospitals of Dallas (“Methodist”). Simmons filed his Original Complaint on August 18, 2014, asserting a claim for retaliation under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-3(a). See doc. 3, Orig. Compl. He contends that he made several complaints of harassment and discrimination to Methodist employees and administrators from November 2009 to May 2010, and that Methodist subsequently retaliated against him by suspending him from his residency in May 2010 and terminating him in June 2010. Id. at 5-7.

After obtaining leave of Court, Simmons amended his Complaint to include claims for negligence, defamation, fraud, breach of contract, and intentional interference with prospective contract. See doc. 13, Amended Compl. Specifically, Simmons alleges that he was falsely accused of writing unauthorized medical orders and engaging in other misconduct during his residency. Id. at 5. He thus asserts that Methodist, through its employees and officials, was negligent in failing to investigate and correct the allegedly false accusations from November 2009 through June 2010. Id. at 5-9. Simmons’s defamation and fraud claims likewise arise from the allegedly false accusations that Methodist pursued during this time. Id. at 9-12. In connection with these events, Simmons further brings a breach of contract claim, contending that Methodist breached its employee handbook in May 2010 by ordering Simmons to undergo mental health screening and by failing to address his complaints in accordance with the handbook procedures. Id. at 12-18. Lastly, Simmons maintains that Methodist engaged in intentional interference with a prospective contract, as his termination in June 2010 prevented him from pursuing an employment contract he had allegedly signed with John Peter Smith Hospital. Id. at 18-19.

[802]*802 B. Procedural Background

Prior to filing the present lawsuit, Simmons instituted an action for discrimination against Methodist on January 4, 2011 under civil action number 3:11-CV-0017-B (the “First Suit”). On April 26, 2012, the Court granted Methodist summary judgment as to the discrimination claims asserted in the First Suit, which were primarily based on the allegedly discriminatory treatment and the termination discussed in the present case. See Simmons v. Methodist Hosp. of Dall., No. 3:11-CV-0017-B, 2012 WL 1447970, at *7 (N.D.Tex.Apr. 26, 2012).

On August 18, 2014, more than two years following the summary disposition of the First Suit, Simmons filed the present lawsuit, alleging that Methodist suspended him in May 2010 and terminated him in June 2010 in retaliation for his complaints of discrimination. See Orig. Compl. On September 30, 2014, after obtaining permission from the Court, Simmons filed his Amended Complaint, in which he asserted claims for negligence, defamation, fraud, breach of contract, and intentional interference with prospective contract. See Amended Compl. The Amended Complaint did not, however, specifically incorporate Simmons’s claim for retaliation. See id. On October 14, 2014, Methodist filed the present Motion to Dismiss the claims asserted in Simmons’s Amended Complaint as well as the retaliation claim raised in his Original Complaint, insisting that all claims are barred by the applicable statutes of limitations and that the retaliation claim is also abandoned, as it is not included in the Amendéd Complaint. Doc. 15, Methodist Mot. to Dismiss 2-5.2 Simmons submitted his Response to the Motion (doc. 17) on October 17, 2014, requesting that the statutes of limitations applicable to each claim be equitably tolled. On October 27, 2014, Methodist filed its Reply. Doc. 23. The Motion is now ripe for the Court’s review.

II.

LEGAL STANDARD

A. Rule 12(b)(6) Standard

Under Rule 8(a)(2) of the Federal Rules of Civil Procedure, a complaint must contain “a short and plain statement of the claim showing that the pleader is entitled to relief.” Fed.R.Civ.P. 8(a)(2). Rule 12(b)(6) authorizes the court to dismiss a plaintiffs complaint for “failure to state a claim upon which relief can be granted.” Fed.R.Civ.P. 12(b)(6). In considering a Rule 12(b)(6) motion to dismiss, “[t]he court accepts all well-pleaded facts as true, viewing them in the light most favorable to the. plaintiff.” In re Katrina Canal Breaches Litig., 495 F.3d 191, 205 (5th Cir.2007) (quoting Martin K. Eby Constr. Co. v. Dall. Area Rapid Transit, 369 F.3d 464, 467 (5th Cir.2004)). The court will “not look beyond the face of the pleadings to determine whether relief should be granted based on the alleged facts.” Spivey v. Robertson, 197 F.3d 772, 774 (5th Cir.1999), cert. denied, 530 U.S. 1229, 120 S.Ct. 2659, 147 L.Ed.2d 274 (2000). To survive a motion to dismiss, a plaintiff must plead “enough facts to state a claim-to relief that is plausible on its face.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007). “Threadbare recitals of the elements of a [803]*803cause of action, supported by mere conclusory statements, do not suffice.” Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009). “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. “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. When well-pleaded facts fail to achieve this plausibility standard, “the complaint has alleged — but it has not shown — that the pleader is entitled to relief.” Id. at 679, 129 S.Ct. 1937 (internal quotation marks and alterations omitted).

B. Pro Se Litigants

Prior to examining the issues before the Court, the Court notes that pro se litigants are expected to comply with the rules of pleading and the rules of service. See Birl v. Estelle, 660 F.2d 592, 593 (5th Cir.1981) (per curiam).

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106 F. Supp. 3d 799, 2015 U.S. Dist. LEXIS 57780, 2015 WL 1958994, Counsel Stack Legal Research, https://law.counselstack.com/opinion/simmons-v-methodist-hospitals-txnd-2015.