Potter v. HP Hood, LLC

Filing 14

ORDER granting, without prejudice 5 Motion to Dismiss for Failure to State a Claim. Plaintiff has 30 days from the date of this order to file an amended complaint, in federal form. Failure to do so will result in dismissal of the action. (Amended Pleadings due by 4/8/2013.) So Ordered by Judge Steven J. McAuliffe.(jab)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE

v.

Case N o . 12-cv-302-SM

HP Hood, LLC.

ORDER
R e : Document N o . 5 , Motion to Dismiss for Failure to State a
Claim
Ruling: Granted, without prejudice. The state court writ is
vague and cryptic, does not plainly or clearly plead the recognized
elements of the causes of actions asserted, and, specifically, fails
to state a claim for wrongful termination under applicable New
Hampshire law and fails to state a claim for intentional infliction
of emotional distress under applicable New Hampshire law,
essentially for the reasons given in defendant's legal memoranda in
support of its motion to dismiss. See e.g. Smith v . F.W. Morse &
Co., Inc., 76 F.3d 413, 426 (1st Cir. 1996); Tessier v . Rockefeller,
162 N.H. 324 (2011). While the plaintiff's objection is remarkable
for its lack of analysis o f , or even reference t o , applicable and
controlling law, still, plaintiff ought to be afforded an opportunity
to file an amended complaint, in federal form, which he may do within
30 days of the date of this order. Failure to do so will of course
result in dismissal of the action. So ordered.

Date:

March 8 , 2013
IcAul;
'ates District Judge

cc:

Bruce Marshall, Esq.
William E . Hannum, I I I , Esq.