Parnigoni v. ST. COLUMBA'S NURSERY SCHOOL

• Decision Date: 29 January 2010
• Docket Number: No. 1:08-cv-00613 (RBW).,1:08-cv-00613 (RBW).
• Citation: 681 F. Supp.2d 1
• Parties: Fiona PARNIGONI, David Parnigoni, and Andrew Parnigoni, Plaintiffs, v. ST. COLUMBA'S NURSERY SCHOOL, St. Columba's Episcopal Church, Vestry of St. Columba's Parish, Rev. Janet Vincent, and Julia H. Berry, Defendants.
• Court: U.S. District Court — District of Columbia

681 F. Supp.2d 1

Fiona PARNIGONI, David Parnigoni, and Andrew Parnigoni, Plaintiffs, v. ST. COLUMBA'S NURSERY SCHOOL, St. Columba's Episcopal Church, Vestry of St. Columba's Parish, Rev. Janet Vincent, and Julia H. Berry, Defendants.

No. 1:08-cv-00613 (RBW).

United States District Court, District of Columbia.

January 29, 2010.

Sundeep Hora, Leslie David Alderman, III, Alderman, Devorsetz & Hora, PLLC, Washington, DC, for Plaintiffs.

David W. DeBruin, Luke Cardillo Platzer, Jenner & Block LLP, Washington, DC, for Defendants.

MEMORANDUM OPINION

REGGIE B. WALTON, District Judge.

The plaintiffs in this civil lawsuit assert claims against St. Columba's Nursery School; St. Columba's Episcopal Church; Vestry of St. Columba's Parish, the administrative committee of the church; Reverend Janet Vincent, Rector of the Church; and Julia H. Berry, Director of the School (collectively "the defendants"), Amended Complaint ("Am. Compl.") ¶¶ 4-8, for defamation (Count I), Am. Compl. ¶¶ 47-59; invasion of privacy—false light (Count II), Am. Compl. ¶¶ 61-67; invasion of privacy—public disclosure of private facts (Count III), Am. Compl. ¶¶ 68-74; intentional infliction of emotional distress (Count IV), Am. Compl. ¶¶ 75-80; promissory estoppel (Count V), Am. Compl. ¶¶ 81-86; loss of consortium (Counts VI-VIII), Am. Compl. ¶¶ 87-104; intentional interference with prospective economic advantage (Count IX), Am. Compl. ¶¶ 105-11; and negligent misrepresentation (Count X), Am. Compl. ¶¶ 112-17. Currently before this Court is the Defendants' Motion to Dismiss Amended Complaint Pursuant to Federal Rule of Civil Procedure 12(b)(6) and the Defendants' Statement of Points and Authorities in Support of Motion to Dismiss Amended Complaint Pursuant to Federal Rule of Civil Procedure 12(b)(6) ("Defs.' Mem."). The motion is opposed by the plaintiffs, Plaintiffs' Opposition to Defendants' Motion to Dismiss Amended Complaint ("Pls.' Opp'n"), to which the defendants filed their Reply in Support of Motion to Dismiss Amended Complaint Pursuant to Rule of Civil Procedure 12(b)(6) ("Defs.' Reply"). Upon consideration of the submissions filed by the parties, the Court concludes that the defendants' motion must be granted in part and denied in part.

I. Background

The plaintiffs in this civil lawsuit are Fiona Parnigoni, David Parnigoni, and Andrew Parnigoni ("the plaintiffs"), who are residents of Arlington, Virginia. Am. Compl. ¶ 1. Plaintiff Fiona Parnigoni is the wife of co-plaintiff David Parnigoni, and co-plaintiff Andrew Parnigoni is their three-year-old son. Id. The dispute between the parties occurred during Fiona Parnigoni's employment as a teacher from 2001 to 2008 at St. Columba's Nursery School (the "Nursery School" or "School") located in the District of Columbia. See generally Am. Compl. Viewed in the light most favorable to the plaintiffs, the facts underlying this action are the following.

In 2004, while she was employed by the School, id. at ¶ 15, Mrs. Parnigoni's fiancé at that time, David Parnigoni, was charged with and ultimately convicted of indecently exposing himself to a minor, id. ¶¶ 13, 15. Mrs. Parnigoni had no involvement in that incident, id. ¶ 13, but while the case was still pending resolution, Mrs. Parnigoni informed the Director of the School of the situation regarding her fiancé, and the Director in turn informed the Board of Governors of the Church (the "Board") and the Rector, Reverend James Donald, of David Parnigoni's situation, id. ¶ 15. The defendants took no action at that time and Mrs. Parnigoni continued to work at the School without any further discussions about the matter. Id. ¶¶ 16-17. Sometime thereafter, David and Fiona Parnigoni married, and at no time did anyone associated with the School or Church Parish indicate that Mrs. Parnigoni's subsequent marriage to Mr. Parnigoni was or would be cause for concern or place her job in jeopardy. Id. ¶ 17.

Three years after Mr. Parnigoni's conviction, in 2007, the Parnigonis decided to enroll their son at the School as a student, and they were notified of his acceptance in March 2007. Id. ¶ 19. Neither before nor at the time of the son's acceptance was there any indication that the defendants would publicly disclose information regarding Mr. Parnigoni's conviction as a sex offender as a result of the child's enrollment in the school. Id. However, in August of 2007, Julia Berry, who was named Director of the School in 2006, met with Mrs. Parnigoni and requested information from her regarding the details concerning Mr. Parnigoni's 2004 conviction. Id. ¶ 18. The Director stated that Mrs. Parnigoni was required to disclose the details of her husband's conviction so that the Director would be able to explain the circumstances to any parent who might inquire about the situation. Id. Mrs. Parnigoni provided the Director with the requested information and offered the Director the opportunity to speak with her husband's lawyers, id., however, the record is unclear as to whether the Director accepted or declined the offer.

On "the first day of the 2007-2008 term for teachers, the Director informed Mrs. Parnigoni that the Board was `nervous' about Mr. Parnigoni's 2004 conviction." Id. ¶ 20. The Board's apprehension apparently stemmed from the fact that "Mr. Parnigoni might now have reason to be on the School property to pick up his son." Id. "Mrs. Parnigoni informed the Director that she planned to walk her son off school grounds a block away on the single day per week when her husband was required to pick their son up from school," which was in accordance "with the unwritten agreement that was in place" between Mrs. Parnigoni and the School "since Mr. Parnigoni's conviction." Id. ¶ 21. The Board was allegedly "relieved" to learn of the Parnigonis' arrangements to take their son off campus when Mr. Parnigoni needed to pick him up from school, id.; however, the Director still requested Mr. Parnigoni's "lawyer's contact information so that St. Columba's counsel could make a `courtesy call,'" id. ¶ 22. The Church's attorney then contacted Mr. Parnigoni's lawyer and informed him that the Church was satisfied with the arrangement of walking Andrew away from the school to meet Mr. Parnigoni and assured the lawyer that "everything is fine" and that the Parnigonis "would not hear from the Church again on this issue." Id. Andrew Parnigioni's first day as a student at the School was September 17, 2007. Id. ¶ 23.

On October 1, 2007, the Director of the School told Mrs. Parnigoni that the Rector of the Church, Janet Vincent, wished to "meet with her." Id. ¶ 24. The "meeting was held two days later on October 3, 2007," id., and those in attendance included the Rector of the Church, the Director of the School, the Church's attorney, the Chairman of the Church's Board of Governors, Mrs. Parnigoni, and her attorney, id. ¶ 25. During the meeting, the Rector announced "her decision to make a full public disclosure" of Mr. Parnigoni's 2004 conviction "to all parents of students attending the Nursery School and the entire Parish." Id. It was also indicated that the Church planned to announce "the fact that Mrs. Parnigoni, a teacher at the school, was married to a convicted sex offender." Id.

As noted earlier, the Church had not mentioned previously any concerns regarding Mrs. Parnigoni's marriage to Mr. Parnigoni; therefore, Mr. and Mrs Parnigoni surmised that the new concern was related "to her son's enrollment in the School." Id. ¶ 26. Accordingly, Mrs. Parnigoni offered to withdraw Andrew from the School to avoid any "embarrassment to her and her family," and the Church's attorney allegedly informed Mrs. Parnigoni that removing her son from the School would "certainly `help'" the situation, and the attorney "encouraged" her to do so. Id. Mrs. Parnigoni therefore removed her son from the School in early October 2007, id. ¶ 27, and she also "offered to resign her position" as a teacher "in order to avert public disclosure" of her husband's conviction, but the School "rejected" her offer, id. ¶ 28.

On October 12, 2007, the Director of the School "met with Mrs. Parnigoni's co-teacher and two other colleagues" to discuss the impending disclosures about Mr. Parnigoni. Id. ¶ 29. "The Director stated that while she was sorry that this had happened to Mrs. Parnigoni, she put the blame for the entire situation on Mrs. Parnigoni, and declared that if Mrs. Parnigoni had not married her husband, she `would not be in this position.'" Id. That same day, the Director emailed Mrs. Parnigoni asking her to remain at home on October 15, 2007, so that the Rector could inform the staff about the "`disclosure' without her being present." Id. ¶ 30. When the Rector spoke to the School staff during the meeting, she apparently "made it clear" that the sole reason for the disclosure was due to Mrs. Parnigoni's "`poor judgment in marrying David'" and denied that the disclosures were based on their son's "enrollment in the School." Id. ¶ 31. The Rector further stated that she would have made "the disclosure . . . even if Mrs. Parnigoni resigned." Id.

"On or about October 18, 2007, the Rector sent a letter (the "October 18th letter") to the parents of the students of the School and to all members of the Church's parish," which, inter alia, informed them of Mr. Parnigoni's registration "with the Virginia Sex Offenders and Crimes Against Minors Registry as a result of his July 3, 2004 conviction for indecent exposure to a minor." Id. ¶ 32. The letter identified David as Fiona's husband and indicated that "until recently their son had attended the Nursery School." Id. The letter went on to state that it had been issued to "enable parents to make informed decisions as to whom they should entrust the care and supervision of their children." Id. It further stated that because the defendants lacked the ability "to anticipate every possible future scenario they believed their best course of action was to give...