Gillies v. Lee Memorial Health System
Filing
23
OPINION AND ORDER denying as moot 11 motion to dismiss. A Second Amended Complaint shall be filed within 21 days of this Opinion and Order. Signed by Judge John E. Steele on 8/18/2014. (RKR)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
CATHLEEN GILLIES,
Plaintiff,
v.
Case No: 2:13-cv-442-FtM-29DNF
LEE MEMORIAL HEALTH SYSTEM,
Defendant.
OPINION AND ORDER
This matter comes before the Court on review of defendant’s
Motion to Dismiss Plaintiff's First Amended Complaint (Doc. #11)
filed on February 25, 2014.
Plaintiff filed an Opposition to
Defendant's Motion to Dismiss Complaint (Doc. #18) on March 24,
2014.
This motion is now ripe for review.
Plaintiff Cathleen Gillies (Gillies) is a former employee of
defendant Lee Memorial Health System (LMHS) whose employment was
terminated.
Plaintiff filed a three count First Amended Complaint
(Complaint) which essentially alleges ten claims.
alleges
age
discrimination
under
the
Age
Count One
Discrimination
in
Employment Act, the Florida Human Rights Act, and the Florida
common law.
discrimination
Count Two alleges disability/perceived disability
under
the
Americans
with
Disability
Florida Human Rights Act, and Florida common law.
Act,
the
Count Three
alleges retaliation in violation of the Age Discrimination in
Employment Act, the Americans with Disabilities Act, the Florida
Human Rights Act, and the Florida common law.
(Doc. #9.)
LMHS asserts that it is entitled to sovereign immunity, and
therefore seeks to dismiss plaintiff’s ADEA claims for lack of
subject matter jurisdiction.
(Doc. #11.)
Specifically, defendant
contends Lee Memorial Hospital is a political subdivision and as
such, is a “sovereign” under the Eleventh Amendment to the United
States Constitution, which cannot be sued in federal court.
at pp. 3-4.)
against
their
(Id.
The Eleventh Amendment precludes suits by citizens
own
States
in
federal
court.
Tenn.
Student
Assistance Corp. v. Hood, 541 U.S. 440, 446 (1973); Miccosukee
Tribe of Indians of Fla. v. Fla. St. Athletic Comm’n, 226 F.3d
1226, 1231 (11th Cir. 2000).
The Eleventh Amendment applies not
only to the state, but to an agency which is an arm of the state.
Williams v. Dist. Bd. of Trs. of Edison Cmty. Coll., 421 F.3d 1190,
1192 (11th Cir. 2005).
“Whether an agency qualifies as an arm of
the state is a federal question with a federal standard, but
whether that standard is met is determined by carefully reviewing
how the agency is defined by state law.”
Versiglio v. Bd. of
Dental Examiners of Ala., 686 F.3d 1290, 1291 (11th Cir. 2012).
The Eleventh Circuit Court of Appeals has recognized defendant’s
status as a political subdivision of the State of Florida.
F.T.C.
v. Hosp. Bd. of Directors of Lee Cnty., 38 F.3d 1184, 1188 (11th
Cir. 1994).
While sovereign immunity would preclude suit in
2
federal court on any claim, LMHS only seeks to dismiss the age
discrimination portions of the Amended Complaint on this basis.
LMHS alleges plaintiff’s common law claims should be dismissed for
failure to state a claim for relief.
(Doc. #11, pp. 5-6.)
In response, plaintiff seeks leave to amend to clarify her
claims and perhaps add additional defendants.
Rule 15(a) of the
Federal Rules of Civil Procedure requires that “leave shall be
freely given when justice so requires.”
F.2d 191, 194 (11th Cir. 1992).
Rosen v. TRW, Inc., 979
Although it seems unlikely
plaintiff can plead around sovereign immunity as to LMHS, the Court
will grant leave to file a Second Amended Complaint.
Accordingly, it is now
ORDERED:
Defendant’s
Motion
to
Dismiss
Plaintiff's
First
Amended
Complaint (Doc. #11) is DENIED AS MOOT. A Second Amended Complaint
shall be filed within WITHIN TWENTY-ONE (21) DAYS of this Opinion
and Order.
DONE AND ORDERED at Fort Myers, Florida, this
August, 2014.
Copies: Counsel of record
3
18th
day of
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