-TRJ Garland v. CACI International, Inc., No. 1:2010cv00316 - Document 19 (E.D. Va. 2010)

Court Description: MEMORANDUM ORDER granting Defendant's 7 Motion to Dismiss the complaint pursuant to Rule 12(b)(6) Fed. R. Civ. P., because Plaintiff failed to state a claim for which relief can be granted under 18 U.S.C. 1514A, and dismissing Counts One and Two without prejudice. /s/ by District Judge Gerald Bruce Lee on 10/4/10. (tbul, )

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-TRJ Garland v. CACI International, Inc. Doc. 19 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA ALEXANDRIA DIVISION Noelle Marie Garland, Plaintiff, Case NO. v. CACI International, 1:10CV316 (GBL/TRJ) Inc., Defendant. MEMORANDUM ORDER THIS MATTER is before the Court on Defendant's Motion to Dismiss the Complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. (Dkt. No. 7.) Plaintiff, Marie Garland, was fired by CACI International, March 8, 2 010. Inc. Ms. Noelle ("CACI") on Ms. Garland alleges CACI terminated her for asserting complaints concerning her missing payroll, federal, state, social security and Medicare taxation in violation of the whistleblower protection provisions of the Sarbanes-Oxley Act ("the Act"), 18 U.S.C ยง 1514A. The issue before the Court (Compl. 3.)1 is whether Ms. Garland sufficiently set forth a claim for violation of the Act, where she failed to allege (1) a violation of one of the enumerated statutes contained in section 1514A, any rule or regulation of the SEC, or any provision of federal law relating to fraud 1 All numerical references to the Complaint are to the page number assigned to it through electronic filing with PACER. Dockets.Justia.com

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