Sexton v. K B Parker & Associates Inc et al

Filing 17

ORDER denying 6 Motion to Dismiss; denying 7 Motion to Dismiss. Ordered by Judge Clay D. Land on 4/20/2010. (jbo)

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA ATHENS DIVISION HEATHER SEXTON, Plaintiff, vs. K.B. PARKER & ASSOCIATES, INC.; SELECTIVE HR SOLUTIONS, INC.; and KENNETH B. PARKER, an individual, Defendants. ORDER This action arises from the termination of Plaintiff's * * * CASE NO. 3:10-CV-10 (CDL) * * *

employment and the alleged failure of her employer to provide her with pregnancy leave pursuant to the Family and Medical Leave Act of 1993, 29 U.S.C. §§ 2601-2654. Presently pending before the Court are

Defendant Selective HR Solutions, Inc.'s Motion to Dismiss (Doc. 6) and Defendants K.B. Parker & Associates, Inc. and Kenneth B. Parker's Motion to Dismiss (Doc. 7). are denied. When considering a Federal Rule of Civil Procedure 12(b)(6) motion to dismiss, the Court must accept as true all facts set forth in the plaintiff's complaint and limit its consideration to the pleadings and any documents referred to in the complaint which are central to the claims. Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 For the following reasons, these motions

(2007); Wilchombe v. TeeVee Toons, Inc., 555 F.3d 949, 959 (11th Cir.

2009).

Defendants have submitted matters outside of the pleadings

which the Court has not considered in ruling upon the motions to dismiss. Those matters will be fully considered at the appropriate

time, specifically in conjunction with any future motion for summary judgment, after the parties have had an opportunity to engage in discovery. "To survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to `state a claim to relief that is plausible on its face.'" Ashcroft v. Iqbal, 129 S. The

Ct. 1937, 1949 (2009) (quoting Twombly, 550 U.S. at 570).

complaint must include sufficient factual allegations "to raise a right to relief above the speculative level[.]" 555. Twombly, 550 U.S. at

"[A] formulaic recitation of the elements of a cause of action Id. Although the complaint must contain factual

will not do[.]"

allegations that "raise a reasonable expectation that discovery will reveal evidence of" the plaintiff's claims, id. at 556, "Rule

12(b)(6) does not permit dismissal of a well-pleaded complaint simply because `it strikes a savvy judge that actual proof of those facts is improbable,'" Watts v. Fla. Int'l Univ., 495 F.3d 1289, 1295 (11th Cir. 2007) (quoting Twombly, 550 U.S. at 556). The Court has reviewed Plaintiff's Amended Complaint and finds that Plaintiff has alleged "sufficient factual matter, accepted as true, to `state a claim to relief that is plausible on its face.'" 2

Iqbal, 129 S. Ct. at 1949 (quoting Twombly, 550 U.S. at 570). Accordingly, Defendant Selective HR Solutions, Inc.'s Motion to Dismiss (Doc. 6) and Defendants K.B. Parker & Associates, Inc. and Kenneth B. Parker's Motion to Dismiss (Doc. 7) are denied. The

arguments made by Defendants in support of their motions to dismiss are more appropriate for a summary judgment motion. Defendants will

have the opportunity to raise them again after the completion of discovery. The stay that was previously entered in this case is hereby lifted, and the parties are ordered to comply with the Court's March 9, 2010 Rules 16 and 26 Order by presenting a proposed

scheduling order to the Court by May 11, 2010.

IT IS SO ORDERED, this 20th day of April, 2010.

S/Clay D. Land CLAY D. LAND UNITED STATES DISTRICT JUDGE

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