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13-785 - Reilly v. Cox Enterprises, Inc. et al


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13-785 - Reilly v. Cox Enterprises, Inc. et al
April 16, 2014
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REPORT AND RECOMMENDATIONS re 6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by ABC Corporation, Jonathan LaCroix, CCI Corporate Services, Inc., Cox Business Services, LLC, Cox Enterprises, Inc., Cox Communications, Inc., Mark Scott, Cox Corporate Services, Inc., CoxCom, LLC. Recommending as follows: That the motion to dismiss Plaintiffs FMLA claim (Count I) and her disability claim under RICRA (Count IV) be DENIED; That the motion to dismiss Plaintiffs claims based on age and gender discrimination under RICRA and FEPA (Counts II, III, V and VI) be GRANTED, provided that Plaintiff be allowed thirty days following acceptance of this report and recommendation to file a Second Amended Complaint that includes factual allegations that support her claims; if she fails to do so, Counts II, III, V and VI should be dismissed; That the motion to dismiss Plaintiffs FMLA claim (Count I) against the individual defendants, LaCroix and Scott, based on the lack of individual liability be DENIED; and That the motion to dismiss Plaintiffs FEPA and RICRA claims (Counts II, III, IV, V, VI and VII) against the individual defendants, LaCroix and Scott, based on the lack of individual liability be STAYED pending the Rhode Island Supreme Courts decision on individual liability in Mancini v. City of Providence, Civil Action No. 13-92 S, 2013 WL 5423717 (D.R.I. Sept. 26, 2013). In addition, based on Defendants voluntary withdrawal of the motion to dismiss Cox Enterprises, Inc., for lack of personal jurisdiction and all of the Cox entity defendants except CoxCom, LLC based on failure to state a claim because only it employed Plaintiff, I recommend those aspects of Defendants motion be DENIED WITHOUT PREJUDICE. Objections to R&R due by 5/5/2014. So Ordered by Magistrate Judge Patricia A. Sullivan on 4/16/14. (Saucier, Martha)
March 1, 2016
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MEMORANDUM AND ORDER granting 43 Defendants' Motion for Summary Judgment. So Ordered by Chief Judge William E. Smith on 3/1/2016. (Jackson, Ryan)