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Rinallo v. Capsa Solutions LLC

United States District Court, D. Oregon

March 27, 2017

MIA R. RINALLO, Plaintiff,
v.
CAPSA SOLUTIONS, LLC, a foreign corporation, Defendant.

          GLENN N. SOLOMON Attorney for Plaintiff.

          CODY M. WESTON EDWARD CHOI Perkins Coie, LLP Attorneys for Defendant.

          OPINION AND ORDER

          ANNA J. BROWN United States District Judge.

         This matter comes before the Court on the Motion (#18) to Dismiss Plaintiff's Amended Complaint filed by Defendant CAPSA Solutions, LLC. For the reasons that follow, the Court GRANTS Defendant's Motion and DISMISSES this matter with prejudice.

         BACKGROUND

         The following facts are taken from Plaintiff's Amended Complaint and accepted as true for purposes of Defendant's Motion.

         Defendant CAPSA Solutions, LLC, hired Plaintiff Mia R. Rinallo as an Information Security/Regulatory Engineer on July 13, 2015.

         During her employment Plaintiff's supervisor had the words “Pussy Riot” displayed on the white board in her office. At some point Plaintiff complained about the white board to her supervisor and to Defendant's Human Resources Department. After Plaintiff complained, her supervisor retaliated against her by “subjecting her to unwarranted criticism.” Amended Compl. at ¶ 9.

         On December 18, 2015, Plaintiff filed a Complaint with the Oregon Bureau of Labor and Industries (BOLI) in which she alleged, among other things, that she was terminated after she complained to her supervisor about the white board display. Plaintiff asserted she believed she was terminated in retaliation for her “complaint about sexual harassment.” Decl. of Katrina Mollenkopf, Ex. 1 at 5.

         On March 3, 2016, BOLI issued Plaintiff a Notice of Right to File Civil Suit in which BOLI advised Plaintiff that she had the right to file an action “within 90 days from the date of this letter.”

         On April 19, 2016, Plaintiff filed a Complaint in this Court on the basis of diversity jurisdiction in which she alleged, among other things, that she was wrongfully terminated by Defendant “for resisting sexual harassment in violation of common law and ORS 659A.199.” Compl. at ¶¶ 15.

         On August 8, 2016, a Summons was issued to Defendant. Defendant received the Summons and Complaint on August 11, 2016.

         On August 31, 2016, Defendant filed a Motion to Dismiss.

         On November 28, 2016, the Court issued an Opinion and Order in which it concluded Plaintiff's Complaint did not allege any federal claims for relief and her state-law claims were untimely because she failed to file this action within 90 days of her BOLI Right-to-Sue letter. The Court, therefore, granted Defendant's Motion to Dismiss and dismissed Plaintiff's state-law claims with prejudice. The Court, however, granted Plaintiff leave to file an Amended Complaint to state claims arising from the factual allegations in her Complaint “but without prejudice to Defendant raising any time-limit defenses thereto.” On December 8, 2016, Plaintiff filed an Amended ...


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