Sisco v. DLA Piper LLP

833 F. Supp. 2d 133, 2011 WL 2413496, 2011 U.S. Dist. LEXIS 64053
CourtDistrict Court, D. Massachusetts
DecidedJune 15, 2011
DocketCivil Action No. 10-10513-DJC
StatusPublished
Cited by11 cases

This text of 833 F. Supp. 2d 133 (Sisco v. DLA Piper LLP) 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
Sisco v. DLA Piper LLP, 833 F. Supp. 2d 133, 2011 WL 2413496, 2011 U.S. Dist. LEXIS 64053 (D. Mass. 2011).

Opinion

MEMORANDUM AND ORDER

CASPER, District Judge.

I. Introduction

Plaintiff Shonnett Sisco (“Sisco”) accuses her former employer, DLA Piper, and three of its employees, Lawrence Uehill, Susan Scannell and Bruce Falby (collectively, “the Defendants”), of sexual harassment, creating a hostile work environment, racial discrimination, and retaliation in violation of both federal and state law. The Defendants have moved to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6), arguing that Sisco has failed to state a claim upon which relief can be granted. For the reasons discussed below, the Defendants’ motion to dismiss is GRANTED IN PART and DENIED IN PART.

II. Burden of Proof and Standard of Review

Whether a complaint should survive a motion to dismiss depends upon whether the pleading satisfies the “plausibility” standard. Ashcroft v. Iqbal, 556 U.S. 662, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009); Bell Atl. Corp. v. Twombly, 550 U.S. 544, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007). The First Circuit has recently addressed the principles a district court should follow when considering a motion to dismiss in the wake of Iqbal and Twombly. Ocasio-Hernández v. Fortuño-Burset, 640 F.3d 1, 8-9 (1st Cir.2011). As Ocasio-Hemández makes clear, dismissal of a complaint pursuant to Rule 12(b)(6) is in[140]*140appropriate if the complaint satisfies the two-pronged requirement in Rule 8(a)(2) of “a short and plain statement of the claim showing that the pleader is entitled to relief.” Id. at 8 (citing Fed.R.Civ.P. 8(a)(2)). As to the first prong, a “short and plain” statement “needs only enough detail to provide a defendant with ‘fair notice of what the ... claim is and the grounds upon which it rests.’ ” Id. (quoting Twombly, 550 U.S. at 555, 127 S.Ct. 1955). However, in order to satisfy the second prong of showing an entitlement to relief, “a complaint must contain enough factual material ‘to raise a right to relief above the speculative level on the assumption that all the allegations in the complaint are true (even if doubtful in fact).’ ” Id. (quoting Twombly, 550 U.S. at 555, 127 S.Ct. 1955). “Where a complaint pleads facts that are merely consistent with a defendant’s liability, it stops short of the line between possibility and plausibility of entitlement to relief.” Id. (quoting Iqbal, 129 S.Ct. at 1949). “In short, an adequate complaint must provide fair notice to the defendants and state a facially plausible legal claim.” Id.

“In resolving a motion to dismiss, a court should employ a two-step approach.” Ocasio-Hernández, 640 F.3d at 9. “It should begin by identifying and disregarding statements in the complaint that merely offer ‘legal conclusion[s] couched as ... fact[ ]’ or ‘[t]hreadbare recitals of the elements of a cause of action.’ ” Id. (quoting Iqbal, 129 S.Ct. at 1949). “A plaintiff is not entitled to ‘proceed perforce’ by virtue of allegations that merely parrot the elements of the cause of action.” Id. On the other hand, “[n] on-conclusory factual allegations in the complaint must be treated as true, even if the allegations seem incredible.” Id. “If that factual content, so taken, ‘allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged,’ the claim has facial plausibility.” Id. (quoting Iqbal, 129 S.Ct. at 1949). “The make-or-break standard ... is that the combined allegations, taken as true, must state a plausible, not a merely conceivable, case for relief.” Id. (quoting Sepúlveda-Villarini v. Dep’t of Educ. of P.R., 628 F.3d 25, 29 (1st Cir.2010) (Souter, J.)). “Although evaluating the plausibility of a legal claim requires the reviewing court to draw on its judicial experience and common sense, the court may not disregard properly pled factual allegations, even if it strikes a savvy judge that actual proof of those facts is improbable.” Id. (citations and quotations omitted). “Nor may a court attempt to forecast a plaintiffs likelihood of success on the merits; ‘a well-pleaded complaint may proceed even if a recovery is very remote and unlikely.’ ” Id. (quoting Twombly, 550 U.S. at 556, 127 S.Ct. 1955). “The relevant inquiry focuses on the reasonableness of the inference of liability that the plaintiff is asking the court to draw from the facts alleged in the complaint.” Id.

In the employment discrimination context, it is not necessary for a plaintiff to plead facts supporting each element of a claim, provided that whatever facts are pled allow the Court to plausibly infer liability. As the Supreme Court has stated on multiple occasions, “a complaint in an employment discrimination lawsuit [need] not contain specific facts establishing a prima facie case of discrimination.” Twombly, 550 U.S. at 547, 127 S.Ct. 1955 (quoting Swierkiewicz v. Sorema N.A., 534 U.S. 506, 508, 122 S.Ct. 992, 152 L.Ed.2d 1 (2002)) Twombly does “not requir[e] heightened fact pleading of specifics [regarding employment discrimination], but only enough facts to state a claim to relief that is plausible on its face.” Id. at 547, 127 S.Ct. 1955. Accordingly, as the Defen[141]*141dants concede, “dismissal ... at this early stage” is “rare ... in employment discrimination cases.” Defs. Memo, at 1.

III. Factual Allegations

The following facts are alleged in the complaint and are taken as true for the purposes of this motion. Purportedly factual allegations in the complaint that are mere legal conclusions couched as fact or threadbare recitals of the elements of a legal cause of action have been disregarded by the Court and are not included in the following factual summary. Ocasio-Hernández, 640 F.3d at 9.

DLA Piper is a law firm with offices in Boston. In 2005, DLA Piper hired Sisco, an African-American woman, as a floating special assignment secretary (“floater”). In July 2006, Sisco was promoted to the position of legal secretary. She was assigned to work for two partners at the firm, including Defendant Lawrence Uchill (“Uchill”).

A. Uchill’s Alleged Harassment of Sisco

Beginning in January 2008, Uchill began standing over Sisco while she was sitting at her desk and, in this hovering position, he stared at her chest. In February 2008, Uchill told Sisco that he wanted to take her out to lunch to find out what was on her mind and instructed Sisco to make arrangements for the two of them to have lunch at a restaurant of her choice. Sisco had never indicated to Uchill that anything out of the ordinary was on her mind. After Sisco scheduled the lunch, Uchill began frequently winking and smiling suggestively at her. Uchill had not engaged in this behavior with Sisco previously. Sisco can-celled the lunch.

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833 F. Supp. 2d 133, 2011 WL 2413496, 2011 U.S. Dist. LEXIS 64053, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sisco-v-dla-piper-llp-mad-2011.