United States District Court, E.D. Kentucky, Northern Division, Ashland
MEMORANDUM OPINION AND ORDER
R. WILHOIT, JR. UNITED STATES DISTRICT JUDGE.
matter is before the Court upon Defendant Three Rivers
Medical Clinic, Inc.'s Motion to Dismiss [Docket No. 7].
The matter has been fully briefed by the parties [Docket Nos.
7-1, 8 and 12]. For the reasons stated herein, the Court
finds that Plaintiff has plead a claim upon which relief can
be granted and, therefore, Defendant's motion will be
cases arises from Plaintiffs employment, and subsequent
termination, by Three Rivers Medical Clinics, Inc.
("TRMC"). In her Complaint, Plaintiff alleges that
her employment was terminated on October 21, 2015 in
violation of "Title VII of the Civil Rights Act of 1964,
42 U.S. 1983 and KRS 344." [Complaint, Docket No. 1-1,
¶¶ 3 and 4]. She further states that prior to
filing this lawsuit, she filed a charge of age discrimination
with the Equal Employment Opportunity Commission, a copy of
which is attached to her Complaint. Id. at ¶ 4.
Charge of Discrimination, Plaintiff states:
I am 56 year old. In August 2015, Glenna Crum (over 60 years
of age), Office Manager, requested me to resign. In October
2015, Dr. Melissa Fletcher gave me verbal permission to
administer a medical procedure. On October 21, 2015, 1 was
terminated from my position which I believe was due to my age
rather than any legitimate reason and not given the
opportunity for progressive discipline. Other younger
employees were not discharged for the same reasons which are
common practices. II. Management is responsible for the above
actions. IE. I believe I have been discriminated against
because of my age, in violation of the Age Discrimination in
Employment Act of 1967, as amended.
Id. at Exhibit 2.
of 2017, the EEOC closed its investigation without finding
any violation of law and issued a Notice of Dismissal and
Right to Sue, which are attached to the Complaint.
Id. at ¶ 5. Plaintiff alleges that she suffered
"economic damages, damage to her reputation, physical
and mental pain and suffering, due to intentional infliction
of emotional distress" following her discharge.
Id. at ¶¶ 6, 10. Plaintiff further alleges
she is entitled to punitive damages. Id. at ¶
Complaint was filed in Lawrence County Circuit Court and then
removed by Defendant, pursuant to 28 U.S.C. §§
1331, 1441 and 1446. This Court sustained the removal.
seeks Dismissal of all claims alleged herein, pursuant to
scrutinizing a complaint under Rule 12(b)(6), the Court is
required to "accept all well-pleaded factual allegations
of the complaint as true and construe the complaint in the
light most favorable to the plaintiff." Dubay v.
Wells, 506 F.3d 422, 426 (6th Cir.2007). A complaint
need not contain "detailed factual allegations".
However, it must allege more than "a formulaic
recitation of the elements of a cause of action."
Bell All. Corp. v. Twombly, 550 U.S. 544, 555, 127
S.Ct. 1955, 167 L.Ed.2d 929 (2007). A complaint will
withstand a motion to dismiss if it "contain[s]
sufficient factual matter, accepted as true, to state a claim
to relief that is plausible on its face." Ashcroft
v. Iqbal, 556 U.S. 662, 129 S.Ct. 1937, 1949, 173
L.Ed.2d 868 (2009). A complaint has "facial
plausibility" if the plaintiff pleads factual content
that allows the court to draw the reasonable inference that
the defendant is liable for the misconduct alleged."
Hensley Mfg. v. ProPride, Inc., 579 F.3d 603, 609
(6th Cir.2009) (quotingIqbal, 129 S.Ct. at 1949).
the ADEA and the KCRA, it is unlawful for an employer
"to discharge any individual or otherwise discriminate
against any individual with respect to his compensation,
terms, conditions, or privileges of employment, because of
such individual's ...