Gregory P. Jellenek, O.D. & Associates, P.C. v. Joseph, OD

Filing 24

MEMORANDUM OPINION. Signed by District Judge John A. Gibney, Jr on 06/26/14. (kyou, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division

GREGORY P. JELLENEK, O.D.
& ASSOCIATES, P.C.,
Plaintiff,
Civil Action No. 3:14cv230-JAG

ANDREA R. JOSEPH,
Defendant.
MEMORANDUM OPINION

This matter comes before the court on the plaintiffs motion to dismiss the defendant's
counterclaims under Federal Rule of Civil Procedure 12(b)(6). (Dk. No. 9.)

The plaintiff filed suit against the defendant in March 2014, alleging a host of claims

arising from the messy dissolution of the parties' previous business relationship. (Dk. No. 1.)
The defendant promptly counterclaimed, alleging (1) tortious interference with economic
relationship and (2) breach of contract. Because the plaintiff alleges factually sufficient, legally
complete counterclaims, the Court will DENY the plaintiffs motion to dismiss.
I. MATERIAL FACTS

The plaintiffs optometry practice provides services at locations throughout Virginia and
(previously) Maryland. At the time the saga in question began, the plaintiff, Jellenek, operated a
practice at Andrews Air Force Base (AAFB) in Maryland under a lease with National Vision,
Inc., a nation-wide optical retailer.

Jellenek hired the defendant, Joseph, to work as an

optometrist at his AAFB practice in February 2012.

Joseph alleges that during those

negotiations, Jellenek agreed to, among other things: (1) provide her with part-time relief
(specifically, another optometrist to cover her lunch break and Saturdays) and (2) ten days of
paid personal time off per year. Joseph accepted the position on those agreed-upon terms.