Jones v. Universal Health Service Inc et al

Filing 7

MEMORANDUM ON DISMISSAL entered: GRANTING Defts. Motion to Dismiss (Docket Entry No. 4). This is a final judgment. Case terminated on 11/25/13.(Signed by Judge Lee H Rosenthal) Parties notified.(leddins, 4)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
ROSINA JONES,
Plaintiff,
VS.
UNIVERSAL HEALTH SERVICES, INC.,
et al.,
Defendants.

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CIVIL ACTION NO. H-13-2820

MEMORANDUM ON DISMISSAL
The plaintiff, Rosina Jones, sued Universal Health Services, Inc. and SHC-KPC, LP d/b/a
Kingwood Pines Hospital, alleging defamation. Her claim arose from the circumstances surrounding
her employment termination in February 2011. The defendants moved to dismiss based on a failure
to state a claim on which relief could be granted, the expiration of the statute of limitations, or the
application of the absolute privilege for statements made in quasi-judicial proceedings. (Docket
Entry No. 4). In response, the plaintiff moved to dismiss, without prejudice.
A careful review of the pleadings, the motion, and the applicable law reveals that there is no
basis for this suit to proceed. The statute of limitations bars the defamatory statements the plaintiff
alleges in paragraphs 1 to 7 of her complaint. Additionally, statements made to the Texas Workforce
Commission or the EEOC are privileged. The complaint fails to plead enough facts to state a
plausible claim for relief, including by failing to allege facts showing publication to a third party.
Because of the many deficiencies the defendants have identified, and the plaintiff’s failure to
respond, the motion to dismiss is granted with prejudice and without leave to amend. Granting such
leave would be futile.

This is a final judgment.
SIGNED on November 25, 2013, at Houston, Texas.
______________________________________
Lee H. Rosenthal
United States District Judge

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