Memorandum and Order Re: Defendant TharpeRobbins Company’s Motion for Summary Judgement

Massachusetts

~~“On March 10, 2015, defendant filed a notice of removal pursuant to 28 U.S.C. §§ 1332, 1441(a) and 1446. (Docket Entry # 1). Federal jurisdiction is based on the parties’ diversity of citizenship under 28 U.S.C. § 1332(a), as plaintiff is a citizen of Massachusetts, defendant is incorporated in North
Carolina and the amount in controversy exceeds $75,000. (Docket Entry # 1) Plaintiff filed a second amended complaint (Docket Entry #31) on September 25, 2016 setting out the following claims: wrongful termination in violation of public policy (Count I);1 disability discrimination in violation of Massachusetts General Laws chapter 151B (“chapter 151B”), section 4 (Count II); and disability discrimination in violation of the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12101 (Count III).(Docket Entry # 31). On October 8, 2015, defendant filed an answer to the second amended complaint. (Docket Entry # 32). In the answer defendant set out the following counterclaims against plaintiff: misappropriation of trade secrets in violation of Massachusetts General Laws chapter 93, section two (Count I); misappropriation of trade secrets (Count II); conversion (Count III); breach of contract (Count IV); violation of Massachusetts General Laws chapter 93A for unfair and deceptive practices (Count V); and violation of the Electronic Communications Privacy Act, 18 U.S.C. §§ 2701 et seq. (Count VI).[…]

CONCLUSION
 In accordance with the foregoing discussion, defendant’s motion for summary judgment (Docket Entry # 40) is DENIED as to Count II for disability discrimination in violation of chapter 151B and Count III for disability discrimination in violation of the ADA. The deadline to file dispositive motions has passed and there shall be no extensions. This court will conduct a status conference on November 28, 2016 at 2:45 p.m. to set a trial date.”

State Policies & Initiatives: 
Enforcement
Systems: 
  • Other
Topics: 
  • Employer Engagement
Other: 
  • State of Massachusetts
Date Enacted: 
11/01/2016
CITATIONS: