Zielinski v. Whitehall Manor, Inc.

899 F. Supp. 2d 344, 2012 U.S. Dist. LEXIS 141777, 2012 WL 4510779
CourtDistrict Court, E.D. Pennsylvania
DecidedSeptember 28, 2012
DocketCivil Action No. 11-cv-05053
StatusPublished
Cited by11 cases

This text of 899 F. Supp. 2d 344 (Zielinski v. Whitehall Manor, Inc.) is published on Counsel Stack Legal Research, covering District Court, E.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Zielinski v. Whitehall Manor, Inc., 899 F. Supp. 2d 344, 2012 U.S. Dist. LEXIS 141777, 2012 WL 4510779 (E.D. Pa. 2012).

Opinion

OPINION

JAMES KNOLL GARDNER, District Judge.

This matter is before the court on the Partial Motion to Dismiss Counts III and IV of Plaintiffs Amended Complaint Against Defendant Whitehall Manor, Inc., which motion was filed on December 13, 2011 (“Motion to Dismiss”). Plaintiffs Brief in Opposition to Defendant’s Motion to Dismiss was filed January 5, 2012 (“Plaintiffs Brief’).

SUMMARY OF DECISION

For the reasons expressed below, I deny defendant’s Partial Motion to Dismiss Counts III and IV of Plaintiffs Amended Complaint Against Defendant Whitehall Manor, Inc. Specifically, I deny defendant’s motion because plaintiffs January 12, 2010 letter to the Equal Employment Opportunity Commission constitutes a Charge of Retaliation in violation of the Age Discrimination in Employment Act1 (“ADEA”) and the Pennsylvania Human Relations Act2 (“PHRA”). Further, I find that plaintiffs Charge of Retaliation was filed with the Equal Employment Opportunity Commission and the Pennsylvania Human Relations Commission prior to the deadline required by the ADEA and the PHRA.

Finally, I find that plaintiff has pled sufficient facts to support a reasonable inference that defendant retaliated against plaintiff for complaining of age discrimination in violation of the ADEA and the PHRA. Specifically, plaintiff has pled sufficient facts to support a reasonable inference that plaintiff engaged in activity protected by the ADEA and the PHRA, that defendant took an adverse employment action against plaintiff after such protected activity, and that a causal relationship exists between plaintiffs protected activity and the adverse employment action.

[347]*347 JURISDICTION

This court has jurisdiction in this matter pursuant to 28 U.S.C. § 1381 because Plaintiffs Amended Complaint alleges that defendant violated the federal Family and Medical Leave Act3 (“FMLA”) and the federal ADEA. The claims alleged thus pose a federal question.

VENUE

Venue is proper pursuant to 28 U.S.C. § 1391(b)(2) because a substantial part of the events giving rise to plaintiffs claims allegedly occurred in Whitehall, Lehigh County, Pennsylvania, which is located in this judicial district.

PLAINTIFF’S CLAIMS

In his four-count amended complaint, plaintiff Gerald A. Zielinski alleges that defendant Whitehall Manor, Inc. violated the FMLA (Counts One and Two), the ADEA (Count Three), and the PHRA (Count Four).4

Specifically, in Count One plaintiff alleges that defendant violated 29 U.S.C. § 2615(a)(1) of the FMLA,5 which prohibits interfering with or denying rights afforded under the FMLA.

In Count Two plaintiff alleges that defendant violated 29 U.S.C. § 2615(a)(2) of the FMLA,6 which prohibits discriminating against an individual attempting to exercise his rights under the FMLA.

In Count Three plaintiff alleges that defendant violated 29 U.S.C. § 623(d) of the ADEA,7 which prohibits an employer from retaliating against an employee for opposing conduct made unlawful by the ADEA.

Finally, in Count Four, plaintiff1 alleges that defendant violated 43 P.S. § 955(d) of the PHRA,8 which prohibits an employer from retaliating against an employee for opposing conduct made unlawful by the PHRA.

STANDARD OF REVIEW

A claim may be dismissed under Federal Rule of Civil Procedure 12(b)(6) for “failure to state a claim upon which relief can be granted.” A Rule 12(b)(6) motion requires the court to examine the sufficiency of the complaint. Conley v. Gibson, 355 U.S. 41, 45, 78 S.Ct. 99, 102, 2 L.Ed.2d 80, 84 (1957) (abrogated in other respects by Bell Atlantic Corporation v. Twombly, 550 U.S. 544, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007)). Generally, in ruling on a motion to dismiss, the court relies on the complaint, attached exhibits, and matters of public record, including other judicial proceedings. Sands v. McCormick, 502 F.3d 263, 268 (3d Cir.2007).

Except as provided in Federal Rule of Civil Procedure 9, a complaint is sufficient if it complies with Rule 8(a)(2), which requires “a short and plain statement of the claim showing that the pleader is entitled to relief’. Rule 8(a)(2) does not require heightened fact pleading of specifics, but only enough facts to state a claim to relief that is plausible on its face. Twombly, 550 U.S. at 570, 127 S.Ct. at 1974, 167 L.Ed.2d at 949.9

[348]*348In determining whether a complaint is sufficient, the court must accept all factual allegations as true, construe the complaint in the light most favorable to the plaintiff, and determine whether, under any reasonable reading, the plaintiff may be entitled to relief. Fowler, 578 F.3d at 210 (citing Phillips v. County of Allegheny, 515 F.3d 224, 233 (3d Cir.2008)).

Although “conclusory” or “bare-bones allegations” will not survive a motion to dismiss, Fowler, 578 F.3d at 210, a complaint may not be dismissed merely because it appears unlikely that the plaintiff can prove those facts or will ultimately prevail on the merits. Phillips, 515 F.3d at 231. Nonetheless, to survive a Rule 12(b)(6) motion, the complaint must provide “enough facts to raise a reasonable expectation that discovery will reveal evidence of the necessary element.” Id. at 234 (quoting Twombly, 550 U.S. at 556,127 S.Ct. at 1965,167 L.Ed.2d at 940) (internal quotations omitted).

The court is required to conduct a two-part analysis when considering a Rule 12(b)(6) motion. First, the factual matters averred in the complaint, and any attached exhibits, should be separated from legal conclusions asserted. Fowler, 578 F.3d at 210. Any facts pled must be taken as true, and any legal conclusions asserted may be disregarded. Id. at 210-211.

Second, the court must determine whether those factual matters averred are sufficient to show that the plaintiff has a “plausible claim for relief.” Id. at 211 (quoting Iqbal, 556 U.S. at 679, 129 S.Ct. at 1950, 173 L.Ed.2d at 884).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

LAMONDE v. BATH SAVER, INC.
E.D. Pennsylvania, 2022
Alesi v. NSM INSURANCE GROUP
E.D. Pennsylvania, 2021
AYRES v. MAFCO WORLDWIDE LLC
D. New Jersey, 2020
Percy v. New York (Hudson Valley DDSO)
264 F. Supp. 3d 574 (S.D. New York, 2017)
Stone v. Trader Joe's Co.
186 F. Supp. 3d 395 (E.D. Pennsylvania, 2016)

Cite This Page — Counsel Stack

Bluebook (online)
899 F. Supp. 2d 344, 2012 U.S. Dist. LEXIS 141777, 2012 WL 4510779, Counsel Stack Legal Research, https://law.counselstack.com/opinion/zielinski-v-whitehall-manor-inc-paed-2012.