Plaintiff

COMES NOW, PLAINTIFF Jackie Valenzuela, by and through her attorneys of record, and hereby submit the following Points and Authorities in support of their Opposition to Defendants’ Gio Giovanni, and Fedex Corporation, Fedex Ground Package System, Fedex Corporate Services, Inc. (hereinafter referred to as "Defendant" or "FedEx") Motion to Dismiss Plaintiffs' Complaint. I. INTRODUCTION Defendants’ Motion to Dismiss pursuant to Federal Rules of Civil Procedure 12(b)(6) seek to dismiss Plaintiff’s complaint on the following grounds: failure to state a claim upon which relief can be granted for, negligence, vicarious liability, and punitive damages. All of these arguments lack support and should be immediately rejected. In respect to Defendant's…

PLAINTIFFS' MOTION TO COMPEL PRODUCTION OF DOCUMENTS Plaintiff DARLA WILLIAMS moves for an order compelling Defendant SARAH MINER to produce documents withheld on the grounds of privilege under the work-product doctrine. Plaintiffs request that Defendant be ordered to produce said documents by close of business on March 17, 2017. I. ARGUMENT A. THERE’S A SUBSTANTIAL NEED FOR STATEMENTS MADE TO THE DEFENDANT’S INSURANCE ADJUSTERS. Federal Rule 26(b)(3) provides that: “ordinarily, a party may not…

DISCRIMINATION AND RETALIATION 46. That at all times herein relevant, Plaintiff VELEZ was in a position subordinate to Defendant BESIKO with regard to her employment with Defendant EXPRESS. 47. That at all times herein relevant, Plaintiff HUDSON was in a position subordinate to Defendant BESIKO with regard to her employment with Defendant EXPRESS. 48. That at all times herein relevant, Plaintiff VELEZ would be given directives and take work orders from Defendant BESIKO in the course of her…

Seamons v. Snow 206 F.3d 1021 (2000) Facts Brian Seamons, plaintiff, a student-athlete and member of the Sky View High School football team in Smithfield, Utah, was dismissed from the team as he refused to apologize to the team for reporting to the police and school administration of being assaulted by four teammates in the locker room. Seamons, claimed his First Amendment of free speech was violated because of his refusal to apologize to his teammates. Disciplinary action to the four…

McNeil, and moves that this Court grants an injunctive relief to order the Plaintiff to stop permitting Mr. Gary Napier to transport the Defendant’s daughter around and outside of the state and to be alone with her without the presence of the Plaintiff in the mediate area. Additionally, the Defendant moves that the Plaintiff Sarah McNeil be ordered to no longer discuss the pending legal actions before this Court and/or making various pleadings available to be read by the Defendant’s daughter.…

(DEP.) To determine whether plaintiff suffered a tangible detriment, courts consider whether 1) plaintiff suffered a material loss and 2) the loss resulted from plaintiff 's rejection of advances. (Johnson) Courts have defined a material loss as an adverse change to a crucial aspect of the employment or educational experience. See e.g., Bowman v. Shawnee, 220 F.3d 456, 461-462 (6th Cir. 2000); Johnson…

in negotiations with Rivlab, their insurance company: National Casualty Company, and their attorneys. Early on, Gyabaah agreed to pay Aronsky a contingency fee of one-third the of her finalized recovery. In late August, 2010 Aronsky presented the plaintiffs personal injury action on their behalf against Rivlab. Later in October, the defendant proposed their $1 million policy limit for settlements. Aronsky explained the proposal to the plaintiff, who decided to accept their settlement. Later that…

adopted. Therefore, Cambridge Biopharma asks the court to dismiss the National Animal Defense Council’s complaint for failure to state a claim upon which relief can be granted under Fed. R. Civ. P. 12(b)(6). First, Middlesex Animal Shelter, not the Plaintiff, is the actual possessor of the property. Second, Cambridge Biopharma did not intentionally and illegally enter the property because the vibrations did not cause any physical property damage. Facts To manufacture the life-saving cancer…

assignment filed, the lack of assignment makes the lien unenforceable and it loses its priority. Making our claims for prescriptive title just and valid. Our claim on our home is the only one without defects. This state 's statute was not addressed by the federal court, and because our state claims were pending before the dismissal of Bennett I, we can still have our state claims heard in state court, rendering the Defendant 's claims of res judicita null. Wrongful Removal We the…

legal basis for her position, Plaintiff simply proposes the same flawed legal theories that she asserted in her original Complaint, but now provides further allegations in her Proposed First Amended Complaint (Dkt 28-2 Exhibit “B”) as same allegedly pertains to both “enterprise and “individual” coverage theories. The Defendants’ contend that Plaintiffs’ Motion to Amend the Complaint…