Huchingson v. Rao
United States District Court for the Western District of Texas, San Antonio Division
April 14, 2015, Decided; April 14, 2015, Filed
CV. NO. 5:14-CV-1118
ORDER GRANTING DEFENDANTS' PARTIAL MOTION TO DISMISS CLASS ALLEGATIONS
Before the Court is a Motion to Dismiss Plaintiff's Class Allegations filed by Defendants Jayasree Rao, M.D.; Zulfaqqar M. Jaffar, M.D.; Syed Raza, M.D.; Patrick Magallanes; and Jayne Frasure; individually and in their official capacities (collectively, "Defendants") on January 23, 2015. The Court held a hearing on the motion on April 14, 2015. At the hearing, Glenn D. Levy, Esq., represented Plaintiff Cynthia Huchingson, individually and on behalf of others similarly situated ("Plaintiff"); Michael V. Galo, Jr., Esq., represented Defendants. Upon careful consideration of the arguments asserted in the supporting memorandum, as well as the arguments presented at the hearing, the Court GRANTS Defendant's Motion to Dismiss Plaintiff's Class Allegations (Dkt. # 10).
Defendants own and manage Oncology San Antonio, a San Antonio-based medical practice with eleven offices throughout the city. ("Compl.," Dkt. # 1 at 2-5.) In March 2009, Plaintiff was hired as a Regional Network Development Manager for Oncology San Antonio and held that position until March 2012, when she was promoted to Development Director. (Id. at 5-6.) She was subsequently promoted to Chief Operating Officer in 2013. (Id. at 6-7.)
Plaintiff alleges that, on September 21, 2014, Jayasree Rao ("Rao") became Co-President of Oncology San Antonio. (Id. at 7.) Plaintiff alleges that on September 24, 2014, shortly after the change of control and management, she was demoted to a non-titled position and was tasked with preparing financial statements and advising management about compliance issues. (Id. at 8.) She further alleges that, following her demotion, she worked an average of 100 hours per week. (Id. at 9.)
Plaintiff alleges that on December 3, 2014, she wrote an email to Oncology San Antonio's Board, which stated, among other things, that she believed that her demotion placed her in a nonexempt role and that she was owed overtime wages for the hours that she had worked. (Id. at 10.) She alleges that the Board scheduled a meeting the next [*3] day between Plaintiff and Jayne Frasure ("Frasure"), who acts in a human resources role with Oncology San Antonio. (Id. at 5.) Plaintiff alleges that she was terminated on December 8, 2014, "but . . . would remain working until January 9, 2014." (Id. at 10.) She further alleges that she filed an EEOC Charge of Discrimination on December 12, 2014, sent a copy of the charge to Frasure the same day, and was ultimately terminated on December 15, 2014. (Id. at 11.)Read The Full CaseNot a Lexis Advance subscriber? Try it out for free.
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2015 U.S. Dist. LEXIS 48674 *; 2015 WL 1655113
CYNTHIA HUCHINGSON, individually and on behalf of others similarly situated, Plaintiff, vs. JAYASREE N. RAO, MD; ZULFAQQAR M. JAFFAR, MD; SYED RAZA, MD; PATRICK MAGALLANES; and JAYNE FRASURE; individually and in their official capacity, Defendants.
allegations, employees, similarly situated, notice, class certification, courts, motion to dismiss, collective action, putative class, class member, retaliation