Rolon v. Rafael Rosario & Associates, Inc.
| Decision Date | 31 August 2006 |
| Docket Number | Civil No. 05-1988(DRD). |
| Citation | 450 F.Supp.2d 153 |
| Court | U.S. District Court — District of Puerto Rico |
| Parties | Lourdes ROLÓN, Plaintiff, v. RAFAEL ROSARIO & ASSOCIATES, INC., et al., Defendant. |
Jane A. Becker-Whitaker, Jane Becker Whitaker, PSC, San Juan, PR, for Plaintiff.
Carlos A. Bobonis-Gonzalez, Enrique G. Figueroa-Llinas, Bobonis, Bobonis & Rodriguez Poventud, San Juan, PR, for Defendant.
Pending before, the Court is defendants' Motion to Dismiss the Amended Complaint and for Rule 11 Sanctions (Docket No. 17) moving the Court to dismiss plaintiffs causes of action on two grounds, to wit, firstly, that the Court lacks subject matter jurisdiction to entertain the instant claim, and secondly, that plaintiffs claim should be dismissed for its failure to state a claim upon which relief may be granted and Plaintiffs opposition thereto, (D.18). For the reasons stated herein, the Court hereby GRANTS defendant's motion to dismiss and DISMISSES plaintiffs federal claim WITH PREJUDICE.
Although co-defendants' motion to dismiss is filed under both Rule 12(b)(1) and 12(b)(6) the matter is non-determinative since both motions are subject to similar threshold standards. See, Murphy v. U.S, 45 F.3d 520, 522 (1st Cir.1995); Negron-Gaztambide v. Hernandez-Torres, 35 F.3d 25, 27 (1st Cir.1994); Torres Maysonet v. Drillex, S.E., 229 F.Supp.2d 105, 107 (D.Puerto Rico 2002). When deciding a Motion to Dismiss, the Court must accept as true all well-pleaded factual claims and indulge all reasonable inferences in plaintiff's favor. Viqueira v. First Bank, 140 F.3d 12, 16 (1st Cir.1998). To resolve factual disputes bearing upon the existence of jurisdiction, a court may review the evidence including affidavits and depositions. Once a defendant files a motion contesting the Court's subject matter jurisdiction, pursuant to Federal Rule 12(b)(1), it is the plaintiff's burden to establish that the Court has jurisdiction.
Federal Courts are courts of limited jurisdiction. This Court has the responsibility "to police the border of federal jurisdiction". Spielman v. Genzyme Corp., 251 F.3d 1 (1st Cir.2001). The courts must "rigorously enforce the jurisdictional limits [standards] that Congress chooses . .." del Rosario Ortega v. Star Kist Foods, 213 F.Supp.2d 84, 88 (D.P.R.2002)(citing Coventry Sewage Associates v. Dworkin Realty Co., 71 F.3d 1, 3 (1st Cir.1995)). Therefore a party that seeks the jurisdiction of the Federal Courts, has the burden of demonstrating its existence. Murphy v. United States, 45 F.3d 520, 522 (1st Cir. 1995).
A. Motion to Dismiss under Rules 12(b)(6)
Under Rule 12(b)(6) of the Federal Rules of Civil Procedure, a party may, in response to an initial pleading, file a motion to dismiss the complaint for failure to state a claim upon which relief can be granted. It is well-settled, however, that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief." Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957); Miranda v. Ponce Fed. Bank, 948 F.2d 41 (1st Cir.1991). The Court must accept as true "all well-pleaded factual averments and indulg[e] all reasonable inferences in the plaintiff's favor." Aulson v. Blanchard, 83 F.3d 1,3 (1st Cir. 1996) (citations omitted); see also Berrios v. Bristol Myers Squibb Caribbean Corp., 51 F.Supp.2d 61 (D.P.R.1999). A complaint must set forth "factual allegations, either direct or inferential, regarding each material element necessary to sustain recovery under some actionable theory." Romero-Barcelo v. Hernandez-Agosto, 75 F.3d 23, 28 n. 2 (1st Cir.1996)(quoting Gooley v. Mobil Oil Corp., 851 F.2d 513, 514 (1st Cir.1988)).
Therefore, in order to survive a motion to dismiss, plaintiff must set forth "factual allegations, either direct or inferential, regarding each material element necessary to sustain recovery." Gooley, 851 F.2d 513. In sum, a claim shall be dismissed under Rule 12(b)(6) only if it appears beyond doubt that the pleader can prove no set of facts in support of the claim that would entitle the pleader to relief. Conley, 355 U.S. at 45, 78 S.Ct. 99. (Emphasis added.)
However, the Court is not obligated to accept plaintiff's "bald assertions, unsupportable conclusions, periphrastic circumlocutions, and the like." Aulson, 83 F.3d at 3. The Court must only accept those facts that are "well pleaded", limiting its inquiry into the allegations of the complaint. Litton Indus., Inc. v. Colon, 587 F.2d 70, 74 (1st Cir.1978). In sum, the Court's focus should always be on "whether a liberal reading of [the complaint] can reasonably admit of a claim [...]." Id.; also Rogan v. Menino, 175 F.3d 75 (1st Cir.1999). A district court's dismissal of a claim under Rule 12(b)(6) is reviewed de novo by the appeals court; such court "accept[s] as true all well-pleaded factual averments and indulges] all reasonable inferences in the plaintiff's favor." Calderon-Ortiz v. LaBoy-Alvarado, 300 F.3d 60, 62-63 (1st Cir.2002); SEC v. SG Ltd., 265 F.3d 42, 46 (1st Cir.2001). Accordingly, "if the facts contained in the complaint, viewed in this favorable light, justify recovery under any applicable legal theory", any order of dismissal shall be set aside. Calderon-Ortiz, 300 F.3d at 63 (quoting Conley, 355 U.S. at 45-46, 78 S.Ct. 99; Aulson, 83 F.3d at 3).
Because the standard of review for a motion to dismiss under Rule 12(b) requires that the allegations in the complaint be examined in the light most favorable to plaintiff, the factual background is taken as averred by plaintiff in the Amended Complaint (Docket No. 12). Defendant, RRA is a private domestic corporation engaged in the business of providing information technology services. On or around April 14, 2002, plaintiff, Ms. Rollin was hired by RRA as a Sales Executive.1 It is further alleged that plaintiff's brother Mr. Liberty Rolón, (Mr. Rolón) worked also for RRA, and the work product produced by the Rollins and other RRA's employees "was aptly hailed in the industry as premiere".
At some point in time and during his employment within RRA, Mr. Rollin decided to start his own firm, providing services similar to the ones offered by RRA. However, plaintiff avers that before and after Mr. Rolon established his firm, conversations were held amongst Mr. Rolón and a number of RRA's employees geared towards said employees leaving RRA and joining Mr. Rolón's new enterprise. It is affirmatively averred by plaintiff, Ms. Rolón, that her brother never requested her to join the venture nor that said female plaintiff considered leaving RRA in order to join her brother's enterprise. Plaintiff sustains that even after Mr. Rollin started his firm, Mr. Rollin continued working with RRA on various joint ventures. It is also alleged by plaintiff that several of RRA's employees resigned RRA and joined Mr. Rolon's firm.
The Amended Complaint avers that on May 2005, co-defendant, Mr. Rosario met with Ms. Rolón and asked her whether she was considering joining her brother's firm or whether she was financing his venture. Plaintiff response to the inquiry was that she would always help her brother in any way he needed, that plaintiff did not believe that her brother needed plaintiff's help in his new venture, and that at the time she was not providing any help to her brother. The Amended Complaint states that the joint ventures between Mr. Rolon's firm and co-defendant RRA lasted until on or around late July 2005, and soon thereafter, the relationship between Mr. RolOn and his former employer, Mr. Rosario completely soured and broke down. Plaintiff sustains that on or around that time, Mr. Rosario instructed Roberto Morales, an RRA employee, to conduct an audit of plaintiff, Ms. Rolon's computer emphasizing in plaintiff's e-mail account and to look for any evidence of "improprieties".
Plaintiff sustains that the audit was conducted and it showed evidence of improper use of plaintiff's e-mail feature and that it had been also used by plaintiff to review a document drafted by Mr. Rolón prior to his resignation from RRA. As to the alleged misuse of the e-mail feature, the audit evidenced that plaintiff Ms. Rolón had been forwarding Mr. Rolón certain messages addressed to him containing certain information relating to RRA's suppliers. The audit reflected that the e-mail messages had been received and forwarded to Mr. Rolón after his resignation from RRA. Further, the audit showed that plaintiff had used her e-mail feature to forward inspirational messages.
On August 2, 2005, plaintiff, Ms. Rolón, was terminated from employment for allegedly providing RRA's confidential information to plaintiff's brother and for allegedly collaborating with Mr. Rolón, a direct competitor to RRA, while being employed by RRA. Plaintiff alleges that after she was dismissed, she conveyed to RRA that in terminating her from employment, RRA had violated the Constitutions of the United States and Puerto Rico. Plaintiff's Amended Complaint sustains that she never provided any confidential information to Mr. Rolón and/or to his enterprise after his departure from RRA, that her computer also contained records showing similar collaboration with other competitors however, said other information was not considered as a justification for termination from employment; and finally, that other RRA's employees that held "much more comprehensive discussions" with plaintiff's brother relating to confidential information have not been dismissed from RRA. Plaintiff affirms that the grounds for her dismissal relates to her "constitutionally protected right to associate with a member of her own family".
On September 20, 2005, Ms. Rain filed the instant complaint, later amended on November 14, 2005. The Amended...
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