Shekaramiz v. Genesis Corporate Solutions LLC et al

Filing 43

ORDER that Defendants' Motion to Dismiss (Doc. 33 ) is denied as to Defendants Genesis Corporate Solutions, LLC, and Yash Technologies, Inc., and granted as to Defendant Arauz with leave to file an amended complaint as to Defendant Arauz by 01/08/16. See order for details. Signed by Judge Neil V. Wake on 12/21/15. (NKS)

1

WO

2
3
4
5
6

IN THE UNITED STATES DISTRICT COURT

7

FOR THE DISTRICT OF ARIZONA

8
9

Shireen Shekaramiz,

No. CV-15-01385-PHX-NVW
Plaintiff,

10
11

v.

12

ORDER

Genesis Corporate Solutions, LLC, d/b/a
Yash Technologies Corporate Solutions,
LLC; Yash Technologies, Inc.; and Jacinto
Arauz, an individual,

13
14
15

Defendants.

16
17
18
19
20
21
22
23
24
25
26
27
28

Before the Court is Defendants’ Motion to Dismiss (Doc. 33) and the parties’
accompanying briefs. The Amended Complaint (Doc. 32) pleads claims for employment
discrimination against all Defendants under Title VII of the Civil Rights Act of 1964 and
the Arizona Civil Rights Act. As to the two alleged employers, Genesis Corporate
Solutions, LLC, and Yash Technologies, Inc., Defendants’ challenge under the “first to
file” rule is mooted by the dismissal of the employers’ own preemptive action filed in the
Northern District of Illinois. (Doc. 41-1.) That part of the Motion will be denied.
The Amended Complaint does not state a claim upon which relief can be granted
as against Defendant Arauz because only employers, not supervisors or co-employees,
can be liable under Title VII of the Civil Rights Act of 1964 or the Arizona Civil Rights
Act. Craig v. M & O Agencies, Inc., 496 F.3d 1047, 1058 (9th Cir. 2007); De La Torre v.
Merck Enters., Inc., 540 F. Supp. 2d 1066, 1079 n.10 (D. Ariz. 2008).

1

Plaintiff seeks leave to amend her complaint again to try to plead other claims

2

against Arauz. She has already amended her complaint once. She will be granted leave

3

only once more to try to plead claims against Arauz. Plaintiff is reminded that allegations

4

must have enough factual content to be understood and fairly responded to.

5

amended complaint must also allege the time or times of any new actionable conduct, as

6

there may be a fair question of statutes of limitations. Allegations of place of conduct are

7

within the knowledge of Plaintiff and should be alleged with enough detail to establish

8

Arizona personal jurisdiction for claims against Arauz.

Any

9

IT IS THEREFORE ORDERED that Defendants’ Motion to Dismiss (Doc. 33) is

10

denied as to Defendants Genesis Corporate Solutions, LLC, and Yash Technologies, Inc.,

11

and granted as to Defendant Arauz with leave to file an amended complaint as to

12

Defendant Arauz by January 8, 2016.

13
14

Dated this 21st day of December, 2015.

15
Neil V. Wake
United States District Judge

16
17
18
19
20
21
22
23
24
25
26
27
28

-2-