Garcia v. Garda CL New England, Inc. et al
| Jose Garcia |
| Garda CL New England, Inc., Gary Holland, Michael Kelly and Michael Zanatta |
| 3:2015cv13093 |
| August 6, 2015 |
| US District Court for the District of Massachusetts |
| Springfield Office |
| Hampden |
| Mark G. Mastroianni |
| Assault, Libel, and Slander |
| 28 U.S.C. ยง 1441 |
| Plaintiff |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
25
Judge Michael A. Ponsor: MEMORANDUM AND ORDER entered. The motion to dimiss - 8 relying upon 59H is hereby DENIED, without prejudice, in order for Pltf. to conduct discovery as contemplated by the statute. The schedule for completion of discovery w ill be set forth in a separate scheduling order. The motin to dismiss, in so far as it relief on Fed. R.Civ.P. 12(b)(6), is hereby ALLOWED as to any claim pursuant to Mass. Civil Rights Actg., Mass. Gen. Laws Annotated ch. 12, 11H ("MCRA") . First Circuit law makes clear that the termination, or threatened termination, of an at-will employee may not be deemed coercive for purposes of the MCRA. Nolan v. CNS, 656 F.3rd 71, 77 (1st. Cir. 2011); Drexler v. Tel Nexx, Inc., _ F. Supp. 3rd: ( D. Mass. 2015), 2015 WL 5096466 (D. Mass. Aug. 28, 2015). In all other respects, the motion to dismiss based upon Fed\. R. Cif. P. 12 (b)(6) is hereby DENIED. The incorporated motions for fees and for costs are hereby DENIED. The motion for hearing is DENIED, as moot. (Finn, Mary)
|
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Massachusetts District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
