Little v. Quin Rivers, Incorporated

Filing 16

OPINION. Signed by District Judge John A. Gibney, Jr on 7/14/2015. (jsmi, )

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

JANE LITTLE,
Plaintiff,
V.

Case No. 3:15-cv-20

QUIN RIVERS, INC.,
Defendant,
OPINION

This matter comes before the Court on the defendant's Rule 12(b)(6) Motion to Dismiss

Count II of the plaintiffs complaint.

In Count II, the plaintiff, Jane Little, alleges that the

defendant, Quin Rivers, Inc., entered into an oral contract with her, but refused to pay her
pursuant to the contract. Quin Rivers argues that the statute of limitations for breach of oral

contract expired before the plaintiff filed her Complaint, thus barring any relief The Court
DENIES Quin Rivers' motion to dismiss because the record before the Court does not establish
the statute of limitations defense.
I. MATERIAL FACTS

Quin Rivers hired Little as its Chief Financial Officer in 2002. When Little accepted
employment, Quin Rivers verbally agreed that she could perform accounting services for outside
non-profits on an hourly basis. The outside agencies would pay Quin Rivers for Little's services,
and Quin Rivers would pay Little 90% of the collected fees. The parties failed to fix a time for
Quin Rivers to pay Little pursuant to the agreement.

In June 2004, Little began providing accounting services for outside agencies and Quin

Rivers began receiving payments. Although Little performed outside accounting services at least