Acosta v. Hilton Worldwide et al
| Laura Acosta |
| Hilton Worldwide, Hilton Grand Vacations Company LLC, Hilton Resorts Corporation, Hilton Grand Vacations Management Company Inc and Mark Lamonica |
| 4:2015cv00495 |
| February 2, 2015 |
| US District Court for the District of South Carolina |
| Florence Office |
| Horry |
| R Bryan Harwell |
| Kaymani D West |
| Employment |
| 42 U.S.C. ยง 2000 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
95
ORDER denying 83 Motion for Reconsideration of 78 Order granting in part and denying in part Defendant's motion for summary judgment. Signed by the Honorable R Bryan Harwell on 7/11/2017. (hcic, )
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Filing
78
ORDER RULING ON 74 REPORT AND RECOMMENDATION: The Court respectfully adopts in part and rejects in part the Magistrate Judge's Report and Recommendation [ECF No. 74 ]. Defendant Hilton's [ECF No. 59 ] motion fo r summary judgment is GRANTED in part and DENIED in part. Specifically, Defendant Hilton's motion for summary judgment is GRANTED as to Plaintiff's claims for hostile work environment, sexual discrimination, and ADA discrimination. Defen dant Hilton's motion for summary judgment is DENIED as to Plaintiff's retaliation claim. Plaintiff's claims for breach of employment contract, ADEA discrimination, violation of the South Carolina Wage Act, and state law claims for i nvasion of privacy and defamation are DISMISSED with the Plaintiff's consent. Plaintiff's claims against Mark Lamonica are also DISMISSED with the Plaintiff's consent. Signed by the Honorable R. Bryan Harwell on 3/30/2017. (hcic, )
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Filing
39
ORDER RULING ON REPORT AND RECOMMENDATION: The Court respectfully rejects in part the Report and Recommendation 24 of the Magistrate Judge. The Court agrees with the conclusions of the Magistrate Judge as to Plaintiff' ;s eighth cause of action (violation of privacy rights) - that the eighth cause of action should be dismissed only to the extent it seeks recovery for alleged HIPAA violations. The Court also agrees that Defendant Hilton Grand Vacations Company, LLC is the only proper corporate defendant in this case. Defendants Hilton Worldwide d/b/a Hilton Grand Vacations at Myrtle Beach, Hilton Resorts Corporation, and Hilton Grand Vacations Management Company, Inc. are dismissed without prejudice.Th e Court rejects the portion of the Report and Recommendation that recommends dismissing Plaintiff's sixth cause of action - breach of employment contract. Defendants' [ECF # 5 ] motion to dismiss Plaintiff's sixth, eighth, and tenth causes of action is GRANTED in part and DENIED in part. Specifically, Plaintiff's sixth cause of action for breach of contract based on Defendants' failure to follow its progressive discipline policy before terminating Plaintiff may pro ceed and Defendants' motion to dismiss is DENIED. Plaintiff's breach of contract claim based on Defendants' alleged discrimination and creation of a hostile work environment is dismissed. Plaintiff's eighth cause of action for v iolation of common law privacy rights is dismissed only to the extent it seeks recovery for alleged HIPAA violations. Plaintiff's tenth cause of action for breach of implied covenant of good faith and fair dealing is dismissed with the Plaint iff's consent. Therefore, the remaining claims proceeding at this stage are: 1) first cause of action - hostile work environment; 2) second cause of action - sexual harassment/sex discrimination; 3) third cause of action - retaliation; 4) four th cause of action - age discrimination; 5) fifth cause of action - disability discrimination; 6) six cause of action - breach of an employment contract; 7) seventh cause of action - wrongful retention of wages; 8) eighth cause of action - violatio n of right to privacy; 9) ninth cause of action - intentional infliction of emotional distress; and 10) eleventh cause of action - defamation. Additionally, the only proper corporate defendant is Hilton Grand Vacations Company, LLC. Hilton Worldwide d/b/a Hilton Grand Vacations at Myrtle Beach, Hilton Resorts Corporation, and Hilton Grand Vacations Management Company, Inc. are dismissed without prejudice from the case. The caption shall be amended as follows: Laura Acosta v. Hilton Grand Vacations Company, LLC, and Mark Lamonica. IT IS SO ORDERED. Signed by Honorable R Bryan Harwell on 9/8/2015. (mcot, )
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Filing
34
ORDER: Defendant's Motion to Compel, ECF No. 29 , is granted in part. No later than September 10, 2015, Plaintiff is to provide Defendant with responses to Interrogatories 15, 16, and 20-24. The response to Interrogatory 15 is be to limited to the time period of 2009 to present, as discussed. IT IS SO ORDERED. Signed by Magistrate Judge Kaymani D West on 8/27/2015.(mcot, )
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Filing
19
CONSENT CONFIDENTIALITY ORDER. Signed by Magistrate Judge Kaymani D West on 3/4/2015. (mcot, )
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