Washington v. Lowe's HIW Inc.

75 F. Supp. 3d 1240, 2014 U.S. Dist. LEXIS 173675, 2014 WL 7183855
CourtDistrict Court, N.D. California
DecidedDecember 16, 2014
DocketNo. 3:14-cv-02984-CRB
StatusPublished
Cited by27 cases

This text of 75 F. Supp. 3d 1240 (Washington v. Lowe's HIW Inc.) is published on Counsel Stack Legal Research, covering District Court, N.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Washington v. Lowe's HIW Inc., 75 F. Supp. 3d 1240, 2014 U.S. Dist. LEXIS 173675, 2014 WL 7183855 (N.D. Cal. 2014).

Opinion

ORDER GRANTING MOTIONS TO DISMISS, DENYING MOTION TO FILE SECOND AMENDED COMPLAINT, AND DENYING AS MOOT MOTION FOR EXTENSION OF TIME

CHARLES R. BREYER, UNITED STATES DISTRICT JUDGE

Now before the Court are three motions to dismiss pro se Plaintiff Lisa Washington’s First Amended Complaint (“FAC”): one filed by a group of eight individual defendants (dkt. 20), one filed by individual defendant Robert Niblock (dkt. 26), and one filed by individual defendant Rena Love Galimba (dkt. 27). Because the FAC fails to state a plausible claim for relief on any of its alleged causes of action, the Court GRANTS all three motions to dismiss the FAC. Certain circumstances in this case, as explained below, also warrant DENYING LEAVE TO AMEND, which entails DENYING Plaintiffs pending motion to file a Second Amended Complaint (see dkt. 19 & 25) and DENYING AS MOOT Plaintiffs pending motion for an extension of time to serve the summons and Second Amended Complaint (dkt. 29).

I. BACKGROUND

Plaintiff is a former employee of a Lowe’s retail store in Fremont, California, where she worked from December 2011 until she was involuntarily terminated in May 2014. FAC ¶ 12. Plaintiff alleges that, during her employment with Lowe’s, she was told by former store Human Resources Manager Raynetta Hart1 that she would receive a pay increase she calls a “90 day STAR increase,” but that she never received this increase. FAC ¶ 13. She alleges that, after she asked why she did not receive the pay increase, she was subjected to- “rude and hostile treatment.” FAC ¶ 14. She also alleges that her duties and responsibilities were reduced, she was excluded from team meetings with management, was unfairly accused of stealing, was subjected to “distant, cold, and unfriendly” attitudes from' co-workers, was paid less than males were, was not offered a promotion, was not interviewed for a full-time position, and was wrongfully terminated. FAC ¶¶ 15-16.

Plaintiff filed a Complaint and motion for leave to proceed in forma pauperis on June 27, 2014. Compl. and Mot. IFP (dkts. 1 and 2). On July 16, 2014, this Court adopted Magistrate Judge West-more’s recommendation that the motion to proceed in forma pauperis be granted and that the Complaint be dismissed with leave to amend because it failed to state a claim upon which relief may be granted. Order (dkt. 8). On August 13, 2014, Plaintiff filed her FAC. (Dkt. 11). Lowe’s filed its Answer to the FAC on September 26, 2014. (Dkt. 17).

Later that same day, Plaintiff filed a motion for leave to file a Second Amended Complaint (“SAC”), which she styled as a motion to amend the FAC. Mot. SAC (dkt. 19). Three days later, on September [1245]*124529, 2014, individual defendants Jason McNutt, Edward Oliveira, Jeff Reynolds, Amy Hernandez, Santiago Pena, Sylvia LeRoy, Ming Chung, and Diane Smith (the “Individual Defendants”) filed a-joint motion to dismiss Plaintiffs FAC. Defendants Rena Love Galimba and Robert Ni-block thereafter each filed motions to dismiss Plaintiffs FAC.

II. LEGAL STANDARD

A. MOTION TO DISMISS

Pursuant to Federal Rule of Civil Procedure 12(b)(6), a complaint may be dismissed for failure to state a claim upon which relief may be granted. Dismissal may be based on either “the lack of a cognizable legal theory or the absence of sufficient facts alleged under a cognizable legal theory.” Balistreri v. Pacifica Police Dep't, 901 F.2d 696, 699 (9th Cir.1990). For purposes of evaluating a motion to dismiss, a Court “must presume all factual allegations of the complaint to be true and draw all reasonable inferences in favor of the nonmoving party.” Usher v. City of Los Angeles, 828 F.2d 556, 561 (9th Cir.1987). However, the Court is “not bound to accept as true a legal conclusion couched as a factual allegation.” Papasan v. Allain, 478 U.S. 265, 286, 106 S.Ct. 2932, 92 L.Ed.2d 209 (1986); Clegg v. Cult Awareness Network, 18 F.3d 752, 754-55 (9th Cir.1994). Moreover, a “pleading that offers ‘labels and conclusions’ or ‘a formulaic recitation of the elements of a cause of action will not do.’ Nor does a complaint suffice if it tenders ‘naked assertion[s]’ devoid of ‘further factual enhancement.’ ” Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009) (quoting Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555, 557, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007)). Rather, a complaint must plead “sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face.’ ” Id. (quoting Twombly, 550 U.S. at 570, 127 S.Ct. 1955). A claim is plausible “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. “Courts must consider the complaint in its entirety, as well as other sources courts ordinarily examine when ruling on Rule 12(b)(6) motions to dismiss, in particular, documents incorporated into the complaint by reference, and matters of which a court may take judicial notice.” Tellabs v. Makor Issues & Rights, Ltd., 551 U.S. 308, 322, 127 S.Ct. 2499, 168 L.Ed.2d 179 (2007).

B. LEAVE TO AMEND

In determining whether to grant a motion to amend, a court considers five factors: “(1) bad faith; (2) undue delay; (3) prejudice to the opposing party; (4) futility of amendment; and (5) whether the plaintiff has previously amended his complaint.” Nunes v. Ashcroft, 375 F.3d 805, 808 (9th Cir.2004) (citing Bonin v. Calderon, 59 F.3d 815, 845 (9th Cir.1995)). “However, each is not given equal weight. Futility of amendment can, by itself, justify the denial of a motion for leave to amend.” Bonin, 59 F.3d at 845. And, it is “the consideration of prejudice to the opposing party that carries the greatest weight.” Eminence Capital, LLC v. Aspeon, Inc., 316 F.3d 1048, 1052 (9th Cir. 2003) (citing DCD Programs, Ltd. v. Leighton, 833 F.2d 183, 185 (9th Cir.1987)). Under Federal Rule of Civil Procedure 15(a), a court freely gives leave to amend “when justice so requires.”

III.

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Bluebook (online)
75 F. Supp. 3d 1240, 2014 U.S. Dist. LEXIS 173675, 2014 WL 7183855, Counsel Stack Legal Research, https://law.counselstack.com/opinion/washington-v-lowes-hiw-inc-cand-2014.