Jones v. Universal Health Service Inc et al, No. 4:2013cv02820 - Document 7 (S.D. Tex. 2013)

Court Description: MEMORANDUM ON DISMISSAL entered: GRANTING Defts. Motion to Dismiss (Docket Entry No. 4). This is a final judgment. Case terminated on 11/25/13.(Signed by Judge Lee H Rosenthal) Parties notified.(leddins, 4)
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Jones v. Universal Health Service Inc et al Doc. 7 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION ROSINA JONES, Plaintiff, VS. UNIVERSAL HEALTH SERVICES, INC., et al., Defendants. § § § § § § § § § § CIVIL ACTION NO. H-13-2820 MEMORANDUM ON DISMISSAL The plaintiff, Rosina Jones, sued Universal Health Services, Inc. and SHC-KPC, LP d/b/a Kingwood Pines Hospital, alleging defamation. Her claim arose from the circumstances surrounding her employment termination in February 2011. The defendants moved to dismiss based on a failure to state a claim on which relief could be granted, the expiration of the statute of limitations, or the application of the absolute privilege for statements made in quasi-judicial proceedings. (Docket Entry No. 4). In response, the plaintiff moved to dismiss, without prejudice. A careful review of the pleadings, the motion, and the applicable law reveals that there is no basis for this suit to proceed. The statute of limitations bars the defamatory statements the plaintiff alleges in paragraphs 1 to 7 of her complaint. Additionally, statements made to the Texas Workforce Commission or the EEOC are privileged. The complaint fails to plead enough facts to state a plausible claim for relief, including by failing to allege facts showing publication to a third party. Because of the many deficiencies the defendants have identified, and the plaintiff’s failure to respond, the motion to dismiss is granted with prejudice and without leave to amend. Granting such leave would be futile. Dockets.Justia.com This is a final judgment. SIGNED on November 25, 2013, at Houston, Texas. ______________________________________ Lee H. Rosenthal United States District Judge 2