Banks v. F. Lax Construction Company, Inc. et al

Filing 22

ORDER granting in part and denying in part 6 Defendants' Motion to Dismiss Counts II, IX, and X of plaintiff's complaint. Signed by District Judge George Caram Steeh. (MBea)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
MARGIE BANKS,
Plaintiff,
Case No. 11-CV-10620
v.
HON. GEORGE CARAM STEEH
F. LAX CONSTRUCTION CO., INC.,
X-CEL RESTORATION, INC., and
TALAL A. (“ALLEN”) JAWAD,
Defendants.
_____________________________________/
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION
TO DISMISS COUNTS II, IX, AND X OF PLAINTIFF’S COMPLAINT (#14)
On February 16, 2011, plaintiff filed a complaint asserting the following claims
relating to her employment and termination with defendants: violation of the Family Medical
Leave Act (count I); violation of Michigan’s Sales Representative Commissions Act (count
II); breach of contract (count III); quantum meruit/unjust enrichment (count IV); hostile work
environment and gender harassment in violation of the Elliott-Larsen Civil Rights Act (count
V); gender discrimination under state law (count VI); pay discrimination in violation of the
Elliott-Larsen Civil Rights Act (count VII); pay discrimination in violation of the minimum
wage law (count VIII); false light (count IX); and intentional infliction of emotional distress
(count X). On March 10, 2011, defendants filed a motion to dismiss counts II, IX, and X of
plaintiff’s complaint. Plaintiff filed a response and defendants filed a reply. A hearing was
held on the matter on May 9, 2011. For the reasons stated on the record, the court grants
defendants’ motion as to counts IX and X of the complaint and denies defendants’ motion
as to count II of the complaint. If plaintiff wishes to amend counts IX and X, she may do

so without leave of the court by May 23, 2011.
IT IS SO ORDERED.
Dated: May 9, 2011
S/George Caram Steeh
GEORGE CARAM STEEH
UNITED STATES DISTRICT JUDGE

CERTIFICATE OF SERVICE
Copies of this Order were served upon attorneys of record on
May 9, 2011, by electronic and/or ordinary mail.
S/Josephine Chaffee
Deputy Clerk