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Bank v. Allied Jewish Federation of Colorado

United States District Court, D. Colorado

December 10, 2013

HEDVA BANK, Plaintiff,
v.
ALLIED JEWISH FEDERATION OF COLORADO, a Colorado corporation, and DOUG SESERMAN, an individual, Defendants

Page 1239

For Hedva Bank, Plaintiff: Beth Ann Doherty Quinn, Baird Quinn, LLC, Denver, CO.

For Allied Jewish Federation of Colorado, a Colorado corporation, Doug Seserman, an individual, Defendants: Alyson Alexis Smith, Erin Ashley Webber, Littler Mendelson, PC-Denver, Denver, CO.

OPINION

LEWIS T. BABCOCK, JUDGE.

Page 1240

MEMORANDUM OPINION AND ORDER

This case is before me on Defendants Allied Jewish Federation of Colorado (" AJF" ) and Doug Seserman's (" Seserman" ) Motion to Dismiss Plaintiff's Claim Under the Colorado Anti-Discrimination Act (the " CADA" ) Pursuant to Fed.R.Civ.P. 12(b)(6) [Doc # 6]. After consideration of the motion, all related pleadings, and the case file, I grant Defendants' motion in part and deny it in part as set forth below.

I. Background

In this action, Plaintiff asserts a claim against AJF for age discrimination in violation of the Age Discrimination in Employment Act (the " ADEA" ) and a claim against AJF and Seserman for age discrimination in violation of the CADA. Plaintiff's Complaint alleges that she was a long-term employee of AJF and that Seserman is AJF's president and chief executive officer and primarily or solely responsible for the decisions on which her claims are based. Complaint, ¶ 1.

By the Motion, Defendants seek the dismissal of Plaintiff's CADA claims. Defendants argue that Plaintiff's CADA claim against Seserman fails to state a claim upon which relief may be granted because (1) Seserman was not her employer within the meaning of the CADA; and (2) Plaintiff failed to exhaust her administrative remedies with respect to him. Defendants argue that Plaintiff's CADA claim against AJF fails to state a claim upon which relief may be granted because it is duplicative of her ADEA claim.

III. Standard of Review

Under Rule 12(b)(6), " [d]ismissal is appropriate only if the complaint, viewed in the light most favorable to plaintiff, lacks enough facts to state a claim to relief that is plausible on its face." United States ex rel. Conner v. Salina Regional Health Center, Inc., 543 F.3d 1211, 1217 (10th Cir. 2008) (quotations and citations omitted). A claim is plausible on its face " when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged." Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009) ( citing Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 556, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007)). " The plausibility standard is not akin to a 'probability requirement,' but it asks for more than a sheer possibility that a defendant has acted unlawfully." Id.

" [I]n general, a motion to dismiss should be converted to a summary judgment motion if a party submits, and the district court considers, materials outside the pleadings." Prager v. LaFaver, 180 F.3d 1185, 1188 (10th Cir. 1999). In ruling on a Rule 12(b)(6) motion to dismiss, however, courts may properly consider facts subject to judicial notice such as court files and matters of public record, as well as documents referred to in the complaint if the documents are central to the plaintiff's claim and their authenticity is not disputed. Grynberg v. Koch Gateway ...


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