Dao et al v. Faustin et al, No. 1:2019cv00649 - Document 30 (E.D. Va. 2019)
Court Description: MEMORANDUM OPINION Signed by District Judge T. S. Ellis, III on 8/29/2019. (See order for further details). (acha, )
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Dao et al v. Faustin et al Doc. 30 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division MELANEY DAO,^^a/., Plaintiffs, V. Case No. l:19-cv-649 PAUL M.FAUSTIN,et aL, Defendants. MEMORANDUM OPINION This case arises from the alleged workplace harassment ofplaintiffs Dao and BChan,former employees of defendant Infused Solutions, LLC ("Infused"), by defendant Faustin, the Chief Financial Officer ofdefendant Infused. In the Second Amended Complaint,plaintiffs bring various state law claims against defendant Faustin, including assault and battery, intentional infliction of emotional distress, negligent infliction of emotional distress, breach of fiduciary duty, and negligence. Plaintiffs also allege that defendant Infused is vicariously liable for certain of these state law claims under the doctrine ofrespondeat superior and that defendant Infused is also liable for hostile work environment and retaliation under Title VII and negligent retention under Virginia law. At issue in this matter are defendants' motions to dismiss plaintiffs' Second Amended Complaint for failure to state a claim. For the reasons that follow, defendants' motion to dismiss must be granted in part and denied in part. I. The well-settled motion to dismiss standard does not require extensive elaboration. As the Supreme Court has made clear, "[t]o survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face.'" Ashcroft V. Iqbal, 556 U.S. 662, 678 (2009)(quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 1 Dockets.Justia.com
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