Van Praag v. DHL Express (USA), Inc.

39 F. Supp. 3d 155, 29 Am. Disabilities Cas. (BNA) 1494, 2014 U.S. Dist. LEXIS 30862, 2014 WL 916684
CourtDistrict Court, D. Puerto Rico
DecidedMarch 10, 2014
DocketCivil No. 13-1128 (BJM)
StatusPublished

This text of 39 F. Supp. 3d 155 (Van Praag v. DHL Express (USA), Inc.) is published on Counsel Stack Legal Research, covering District Court, D. Puerto Rico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Van Praag v. DHL Express (USA), Inc., 39 F. Supp. 3d 155, 29 Am. Disabilities Cas. (BNA) 1494, 2014 U.S. Dist. LEXIS 30862, 2014 WL 916684 (prd 2014).

Opinion

OPINION AND ORDER

BRUCE J. McGIVERIN, United States Magistrate Judge.

Jacob G. Van Praag (‘Van Praag”), his wife, Luz M. Molinari-Arroyo (“Molinari”), and their conjugal partnership sued DHL Express (USA), Inc. (“DHL”); King Fisher -Air Service, Air Safari, Inc. (“KAS”); Air St. Kitts Nevis (2005) Limited (“ASKN”); Eric M. Lamb; Richard V. Hurley; Enrique-A. Veglio, and others, alleging employment discrimination in violation of the Family Medical Leave Act of 1993 (“FMLA”) and various Puerto Rico statutes. Docket No. 1 (“Compl.”). Veg-lio moved to dismiss the complaint for failure to state a claim against him. Docket No. 9. Plaintiffs replied. Docket No. 29. The parties have consented to proceed before a magistrate judge. Docket No. 39.

For the reasons set forth below, Veglio’s motion to dismiss is GRANTED.

STANDARD OF REVIEW

In order to survive a Rule 12(b)(6) motion, a complaint must allege “a plausible entitlement to relief.” Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 559, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007). However, a court should “accept well-pled factual allegations in the complaint as true and make all reasonable inferences in the plaintiffs favor.” Miss. Pub. Emps.’ Ret. Sys. v. Boston Scientific Corp., 523 F.3d 75, 85 (1st Cir.2008). While a complaint need not contain detailed factual allegations in order to withstand dismissal, a plaintiffs “obligation to provide the grounds of his entitlement to relief requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do.” Twombly, 550 U.S. at 555, 127 S.Ct. 1955 (internal citation omitted). The court need not accept as true legal conclusions or “ ‘naked assertions’ devoid of ‘further factual enhancement.’ ” Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009) (quoting Twombly, 550 U.S. at 557, 127 S.Ct. 1955) (internal alteration omitted); Maldonado v. Fontanes, 568 F.3d 263, 267 (1st Cir.2009). The complaint must allege enough factual content to nudge a claim across the line from conceivable to plausible. Iqbal, 556 U.S. at 680, 129 S.Ct. 1937. The plaintiff must show more than the “sheer possibility that a defendant has acted unlawfully.” Id. at 678, 129 S.Ct. 1937. “Where the well-pleaded facts do not permit the court to infer more than the mere possibility of misconduct, the complaint has alleged— but has not shown—that the pleader is entitled to relief.” Id. at 679, 129 S.Ct. 1937 (internal quotations and alterations omitted).

BACKGROUND

The following summary is based on the well-pleaded facts in the complaint, limited to those facts that are relevant to Veglio’s • motion to dismiss.

Plaintiff Jacob G. Van Praag is an airplane pilot, who worked for defendants DHL, KAS, and ASKN in various capacities for 14 years, from August 1998 to February 2012. Van Praag is a citizen of. the Netherlands and currently resides in Spain. Compl. ¶¶ 7, 30. Luz M. Molinari-Arroyo, Van Praag’s spouse, resides with Van Praag in Spain. Compl. ¶ 8.

King Fisher Air Service, Air Safari, Inc. (“KAS”), a Delaware Corporation, provides aircraft services to DHL Express (USA), Inc. for the delivery of time-sensitive documents, materials, and shipments. Compl. ¶¶ 9-10. Air St/Kitts Nevis (2005) Limited (“ASKN”), a company organized under the laws of the Federation of Saint Chris[157]*157topher and Nevis, was KAS’ predecessor prior to 2001. Compl. ¶¶ 11-12.

At all relevant times, Eric M. Lamb was the real owner or principal of both KAS and ASKN. Compl. ¶ 21. Richard V. Hurley was the Director of Operations at KAS. Compl. ¶ 24. Enrique A. Veglio, was KAS and ASKN’s Chief Pilot of Flight Operations. Compl. ¶ 26.

Van Praag began his career as a pilot in the early 1990s. In August 1998, he was hired on a part-time basis by ASKN, to deliver DHL shipments to Nevis, St. Mar-teen, and Trinidad. Compl. ¶ 36. For approximately ten years, starting in 2001 through 2009, Van Praag commuted from Spain (his home) to Puerto Rico for work on average twice a month. Compl. ¶ 38. He rose through the ranks of the company, eventually serving as Assistant Director of Operations in late 2009. Compl. ¶ 40.

In July 2011, Lamb and Hurley informed Van Praag that due to the company’s financial situation, his salary would be reduced from $6,600 to $1,000 per month, the costs of commuting between Spain and Puerto Rico would no longer be reimbursed, and he was required to spend more time in Puerto Rico. Compl. ¶ 44. Van Praag attempted to negotiate for better terms, but in early August, he agreed to the reduced hours and reduced salary of $1,000 a month originally proposed. Compl. ¶¶ 50-51. Around the same time, Van Praag informed Veglio and others at KAS that he was starting treatment for depression, and that he was taking medication which made him tired, dizzy, drowsy, and generally unable to make flight-related decisions. Compl. ¶¶ 52-54. Also in August 2011, Veglio allegedly changed Van Praag’s company e-mail address, with Lamb and Hurley’s knowledge and consent. This change caused Van Praag to stop receiving certain daily operational emails, which reflected negatively on his job performance. Compl. ¶ 59.

In October 2011, Lamb and Hurley acknowledged Van Praag’s reported medical condition and asked for a status on his health. Compl. ¶¶ 56-57. Due to his medical condition, Van Praag was unable to return to work and perform some of his flight duties starting August 2011. He was formally terminated by KAS in February 2012. Compl. ¶ 73. Van Praag was formally diagnosed with “Adjustment Disorder, Depressed Mood” in March 2012. Compl. ¶ 57.

Molinari was being treated for depression in March 2011. Beginning in July 2011, when KAS notified Van Praag that his hours and salary would be reduced, Molinari experienced a “severe relapse of depression.” Compl. ¶¶ 123-24. In December 2011, Molinari’s condition worsened such that her anti-depression medication had to be increased to 15 mgs. Compl. ¶ 125.

Plaintiffs filed this action on February 12, 2013. Docket No. 1. The complaint asserts five causes of action: (1) disability discrimination, in violation of Law No. 44 of July 2, 1985, 1 L.P.R.A. § 501 (“Law 44”); (2) retaliation, in violation of Law No. 115 of December 20, 1991, 29 L.P.R.A. § 194 (“Law 115”); (3) violation of the Family Medical Leave Act, 29 U.S.C. § 2601; (4) unlawful termination, in violation of Law No. 80 of May 30, 1976, 29 L.P.R.A. § 185a; and (5) damages under Article 1802 of the Puerto Rico Civil Code, 31 L.P.R.A. § 5141. Compl. ¶¶ 77-129.

DISCUSSION

Veglio seeks dismissal of Van Praag’s Law 44 discrimination claim against him on the basis that the statute does not provide for individual liability. Mot. 2. Veglio argues that plaintiff Molinari’s Article 1802 is time-barred, and must be dis[158]*158missed as it cannot survive independently of Van Praag’s underlying discrimination claim.1 Mot. 3.1 will address each contention in turn.

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39 F. Supp. 3d 155, 29 Am. Disabilities Cas. (BNA) 1494, 2014 U.S. Dist. LEXIS 30862, 2014 WL 916684, Counsel Stack Legal Research, https://law.counselstack.com/opinion/van-praag-v-dhl-express-usa-inc-prd-2014.