Tilley v. Shelton et al
Filing
57
MEMORANDUM ORDER granting 44 Motion to Dismiss; granting 47 Motion to Dismiss. For the foregoing reasons, the Court grants the motions to dismiss the complaint with prejudice. Clerk to enter judgment. (As further set forth in this Order.) (Signed by Judge Jed S. Rakoff on 9/9/2021) (cf) Transmission to Orders and Judgments Clerk for processing.
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Moreover, and critically, the SAC acknowledges that Moultrie
was
generally
aware
of
Peters'
"hit
list"
in
2015.
Id.
'.II
18
("Plaintiff Moultrie stated that she recalled an incident back in
2015 where another co-worker stated to her that she
'just saw'
paper work that Defendant Peters set down on a desk face up. This
co-worker stated it was a list of people's names with notes about
[the Family and Medical Leave Act] and indicated adverse employment
action next to their names."). Once she saw this list, Moultrie
could have brought her ERISA claims, which are predicated on the
defendants'
alleged interreference with the plaintiffs'
pension
benefits, and attempted to learn more through discovery. There is,
however, no allegation that Moultrie exercised the requisite due
diligence to invoke the fraudulent concealment doctrine. Because
the plaintiffs had adequate notice to bring their claims during
the
regular
limitations
period,
the
fraudulent
concealment
doctrine does not apply, and plaintiffs' claims are time-barred.
Conclusion
For the foregoing reasons,
the Court grants the motions to
dismiss the complaint with prejudice. Clerk to enter judgment.
SO ORDERED.
Dated:
~
New York, NY
September
9,
2021
JED S. RAKOFF, U.S.D.J.
-7-
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