United States District Court, D. Nevada
JOAN M. JOJOLA, et al., Plaintiff(s),
AMERICAN PACIFIC CORPORATION, et al., Defendant(s)
For Joan M. Jojola, Eleanor Barcelon, Jayann Jackson, Cathryn Lum, Plaintiffs: Telia U Williams, LEAD ATTORNEY, Hutchison & Steffen, Las Vegas, NV.
For American Pacific Corporation, Julie Buckman, Defendants: Paul Swenson Prior, LEAD ATTORNEY, Snell & Wilmer, Las Vegas, NV.
James C. Mahan, UNITED STATES DISTRICT JUDGE.
Presently before the court is defendants', American Pacific Corporation (hereinafter " AMPAC") and Julie Buckman (collectively " defendants"), motion to dismiss. (Doc. # 2). Joan Jojola, Eleanor Barcelon, Jayann Jackson, and Cathryn Lum (collectively " plaintiffs") filed a response, (doc. # 7), and defendants filed a reply, (doc. # 9).
This is a Title VII employment discrimination action. Plaintiffs are four former employees of AMPAC. Plaintiffs allege a series of discriminatory conduct against them based on their gender, race, color, and religion. Plaintiffs also allege state law claims of intentional infliction of emotional distress and unjust enrichment.
Buckman is a female employee of AMPAC. Buckman held the position of controller and it appears that she had some supervisory power over plaintiffs. Plaintiffs suggest that Buckman was the supervisor. However, defendants allege that Buckman was not plaintiffs' direct supervisor. Plaintiffs believe that Buckman discriminates against female employees because she is sarcastic and demeaning to females and more pleasant with males. They also allege that Buckman discriminates against Native Americans and Catholics. Plaintiffs base their complaint on the following allegations.
Jojola is a woman of Native American descent. (Doc. # 1-1). Jojola began working at AMPAC in June of 2008 as a receptionist/administrative specialist. Jojola felt that Buckman " displayed hostility and discrimination" towards her because of her race, religion, and gender. (Doc. # 1-1). Jojola resigned on July 26, 2013.
Barcelon is a woman who began working at AMPAC in June of 2008 as an accounts payable supervisor. Barcelon once was denied vacation leave by Buckman and alleges that she was entitled to it. (Doc. # 1-1). Barcelon alleges that Buckman had no legitimate reason for denying her leave.
Jackson is also a woman who was hired as a payable clerk on April 1, 2009. Jackson was once asked to move to a different work area because Buckman was allegedly pitting Jackson and Lum against one another. Jackson resigned on August 12, 2013.
Lum is a woman who was allegedly the victim of bullying and intimidation by Buckman. There are no facts discussing whether Lum also resigned or whether she still works for AMPAC. Since the complaint states that it is an employment discrimination case brought by four former employees of AMPAC, it appears that Lum is no longer employed by AMPAC. (Doc. # 1-1 line 1). However, there is no other information addressing whether Lum resigned, was fired, or still works for AMPAC.
II. Legal Standard
A court may dismiss a plaintiff's complaint for " failure to state a claim upon which relief can be granted." Fed.R.Civ.P. 12(b)(6). A properly pled complaint must provide " [a] short and plain statement of the claim showing that the pleader is entitled to relief." Fed.R.Civ.P. 8(a)(2); Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007). While Rule 8 does not require detailed factual allegations, it demands " more than labels and conclusions" or a " formulaic recitation of the elements of a cause of action." Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009) (citation omitted).
" Factual allegations must be enough to rise above the speculative level." Twombly, 550 U.S. at 555. Thus, to survive a motion to dismiss, a complaint must contain sufficient factual matter to " state a claim to relief that is ...