Gratzer v. MedTouch, LLC

Filing 24

ORDER granting in part and denying in part Defendant's 17 Motion to Dismiss. Plaintiff's outrage claim is therefore DISMISSED without prejudice. Any motion for leave to amend to reassert the outrage claim must be filed within fourteen (14) days of the date of this Minute Order. Authorized by Judge Thomas S. Zilly. (TH)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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RENEE GRATZER,
Plaintiff,

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C17-843 TSZ
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v.
MINUTE ORDER

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MEDTOUCH, LLC,
Defendant.

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The following Minute Order is made by direction of the Court, the Honorable
Thomas S. Zilly, United States District Judge:
(1)
Defendant’s motion to dismiss, docket no. 17, is DENIED in part and
GRANTED in part. The Court is satisfied that, with one exception, the Amended
Complaint, docket no. 11, sufficiently states “plausible” grounds for relief. See Bell Atl.
Corp. v. Twombly, 550 U.S. 544, 570 (2007). With regard to the claims for wrongful
wage withholding, retaliatory discharge in violation of public policy, and negligent
infliction of emotional distress, the Amended Complaint provides “more than labels and
conclusions,” contains more than a “formulaic recitation of the elements of a cause of
action,” and indicates more than mere speculation of a right to relief. See id. at 555. As
to those three claims, the pleading offers cognizable legal theories, as well as sufficient
facts, the truth of which must be assumed, to support them. See Robertson v. Dean Witter
Reynolds, Inc., 749 F.2d 530, 534 (9th Cir. 1984); see also Usher v. City of Los Angeles,
828 F.2d 556, 561 (9th Cir. 1987). With respect, however, to plaintiff’s claim of outrage
(intentional infliction of emotional distress), the Amended Complaint does not contain
allege conduct that is “so outrageous in character, so extreme in degree, as to go beyond
all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in
a civilized community.” See Kloepfel v. Bokor, 149 Wn.2d 192, 196, 66 P.3d 630 (2003).
Plaintiff’s outrage claim is therefore DISMISSED without prejudice. Any motion for
leave to amend to reassert the outrage claim must be filed within fourteen (14) days of the
date of this Minute Order.

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MINUTE ORDER - 1

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(2)
record.

The Clerk is directed to send a copy of this Minute Order to all counsel of

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Dated this 8th day of September, 2017.
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William M. McCool
Clerk

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s/Karen Dews
Deputy Clerk

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MINUTE ORDER - 2