Hice v. Mazzella Lifting Technologies, Inc. et al, No. 2:2021cv00281 - Document 25 (E.D. Va. 2022)

Court Description: MEMORANDUM ORDER granting in part and denying in part 19 Motion to Dismiss for Failure to State a Claim. The court GRANTS Defendants' Motion to Dismiss as to Mazzella Lifting. Mazzella Lifting is DISMISSED from this case without prejudice, wi th Plaintiff being GRANTED leave to amend regarding the relationship between Mazzella Lifting and Mazzella JHH. The court DENIES Defendants' Motion to Dismiss as to the two disability claims, "actual" and "record of," under C ount Two of the Amended Complaint. The court GRANTS Defendants' Motion to Dismiss as to Count Three of the Amended Complaint and DISMISSES Plaintiff's claim for a "regarded as" disability as to his age. The court GRANTS Defendants' Motion to Dismiss as to Count Four of the Amended Complaint and DISMISSES Plaintiff's claim for an unlawful termination against Virginia public policy. Signed by District Judge Rebecca Beach Smith on 3/4/22. (jhie, )