Tilley v. Shelton et al, No. 1:2020cv10638 - Document 57 (S.D.N.Y. 2021)
Court Description: MEMORANDUM ORDER granting 44 Motion to Dismiss; granting 47 Motion to Dismiss. For the foregoing reasons, the Court grants the motions to dismiss the complaint with prejudice. Clerk to enter judgment. (As further set forth in this Order.) (Signed by Judge Jed S. Rakoff on 9/9/2021) (cf) Transmission to Orders and Judgments Clerk for processing.
Download PDF
<![CDATA[
Tilley v. Shelton et al Doc. 57 Case 1:20-cv-10638-JSR Document 57 Filed 09/09/21 Page 1 of 7 Dockets.Justia.com Case 1:20-cv-10638-JSR Document 57 Filed 09/09/21 Page 2 of 7 Case 1:20-cv-10638-JSR Document 57 Filed 09/09/21 Page 3 of 7 Case 1:20-cv-10638-JSR Document 57 Filed 09/09/21 Page 4 of 7 Case 1:20-cv-10638-JSR Document 57 Filed 09/09/21 Page 5 of 7 Case 1:20-cv-10638-JSR Document 57 Filed 09/09/21 Page 6 of 7 Case 1:20-cv-10638-JSR Document 57 Filed 09/09/21 Page 7 of 7 Moreover, and critically, the SAC acknowledges that Moultrie was generally aware of Peters' "hit list" in 2015. Id. '.II 18 ("Plaintiff Moultrie stated that she recalled an incident back in 2015 where another co-worker stated to her that she 'just saw' paper work that Defendant Peters set down on a desk face up. This co-worker stated it was a list of people's names with notes about [the Family and Medical Leave Act] and indicated adverse employment action next to their names."). Once she saw this list, Moultrie could have brought her ERISA claims, which are predicated on the defendants' alleged interreference with the plaintiffs' pension benefits, and attempted to learn more through discovery. There is, however, no allegation that Moultrie exercised the requisite due diligence to invoke the fraudulent concealment doctrine. Because the plaintiffs had adequate notice to bring their claims during the regular limitations period, the fraudulent concealment doctrine does not apply, and plaintiffs' claims are time-barred. Conclusion For the foregoing reasons, the Court grants the motions to dismiss the complaint with prejudice. Clerk to enter judgment. SO ORDERED. Dated: ~ New York, NY September 9, 2021 -7- JED S. RAKOFF, U.S.D.J.
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
