Raja et al v. Englewood Community Hospital, Inc. et al

Filing 107

ORDER denying 97 motion to dismiss. Signed by Judge James D. Whittemore on 11/18/2013. (KE)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
JAY RAJA,
Plaintiff,
Case No.: 8:12-cv-02083-T-27AEP

vs.
ENGLEWOOD COMMUNITY
HOSPITAL, INC.,
Defendant.

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ORDER
BEFORE THE COURT is Defendant's Motion to Dismiss Plaintiff's 3rd Amended
Complaint (Dkt. 97), to which Plaintiff has responded in opposition (Dkt. 103).
Defendant moves to dismiss Plaintiff's Section 1981 retaliation claim asserted in Count I of
the Third Amended Complaint. "To establish a claim of retaliation under Title VII or section 1981,
a plaintiff must prove that he engaged in statutorily protected activity, he suffered a materially
adverse action, and there was some causal relation between the two events." Goldsmith v. Bagby
Elevator Co., Inc., 513 F.3d 1261, 1277 (lith Cir. 2008) (citing Burlington N. & Santa Fe Ry. Co.
v. White, 548 U.S. 53, 126 S.Ct. 2405,2410-16 (2006)). Defendant does not contend that Dr. Raja
has not sufficiently alleged statutorily protected activity or a materially adverse action. Rather,
Defendant argues that Dr. Raja has not adequately pleaded a causal relation between the protected
activity and the adverse action.
Unlike the Second Amended Complaint, the Third Amended Complaint adequately and
plausibly alleges a causal link between Dr. Raja's protected activity and adverse actions taken by
I

Defendant. The allegations of continued reports of ongoing discrimination and retaliation are
sufficiently detailed and causally linked to the rejection of Dr. Raja's candidacy for Vice Chair of
Medicine, as well as the "secret investigation" initiated by Defendant, which ultimately led to the
denial of Dr. Raja's reappointment to the medical staff. See Dkt. 95

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20-22, 26, 52, 63, 69-72.

Accordingly, Defendant's Motion to Dismiss Plaintiffs 3rd Amended Complaint (Dkt. 97)
is DENIED. Defendant shall answer the Third Amended Complaint within fourteen (14) days of
the date of this Order.

DONE AND ORDERED this

//'!!:.day of November, 2013.

United States District Judge
Copies to: Counsel of Record

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