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SIMMONS v. JOHN F. KENNEDY MED. CTR.

December 15, 1989

BEATRICE SIMMONS, Plaintiff,
v.
JOHN F. KENNEDY MEDICAL CENTER and OUR LADY OF THE RESURRECTION MEDICAL CENTER, Defendants


Marvin E. Aspen, United States District Judge.


The opinion of the court was delivered by: ASPEN

MARVIN E. ASPEN, UNITED STATES DISTRICT JUDGE

 Plaintiff Beatrice Simmons has brought this action against John F. Kennedy Medical Center ("Kennedy") claiming damages for violations of her civil rights, breach of contract and promissory estoppel. Kennedy has filed a motion to strike paragraph 6 of the first amended complaint, a motion to dismiss Counts II, III and IV and a motion for sanctions. Simmons has filed a cross-motion for sanctions in response to Kennedy's motions.

 We deny Kennedy's motion to strike, grant the motion to dismiss Counts II, III, IV and deny Kennedy's motion for sanctions. We deny Simmons' cross-motion for sanctions.

 Background

 For the purposes of deciding the motion to dismiss, we assume the truth of Simmons' allegations. Zinser v. Rose, 868 F.2d 938, 939 (7th Cir. 1989). Beatrice Simmons, a black female, was employed as a consultant at the accounting firm of Coopers & Lybrand ("Coopers"). One of Coopers' clients was the John F. Kennedy Medical Center. *fn1" During its business relationship with Coopers, Kennedy became acquainted with Simmons.

 Kennedy recruited Simmons to leave her job with Coopers and accept a position as Kennedy's Vice President of Clinical Information Management. After "extensive" negotiations, Kennedy offered Simmons a benefit and compensation package including a salary of $ 100,000. Simmons also alleges that Kennedy offered her tuition reimbursement for the Northwestern University MBA program. Simmons accepted this offer and began working for Kennedy on June 1, 1987.

 Initially, Simmons was treated well at Kennedy. Her performance reviews were outstanding, and she was praised for the positive changes she brought to the hospital. However, Simmons alleges several incidents that changed her working relationship.

 On December 13, 1987, Kennedy fired Simmons. She was told that she was "being terminated for financial reasons." Simmons, however, claims that she was fired because of her race, sex and in retaliation for "her efforts to ensure compliance with equal employment laws."

 Simmons has filed a four count complaint against Kennedy. In Count I, Simmons seeks recovery under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. Count II purports to state a claim under 42 U.S.C. § 1981. Count III is a claim for breach of contract and Count IV seeks recovery under a promissory estoppel theory.

 Discussion

 A. Motion to Strike Paragraph 6

 Pursuant to Fed.R.Civ.P. 12(f), Kennedy moves to strike paragraph 6 of the complaint on the grounds that it contains immaterial, irrelevant and conclusory allegations. Paragraph 6 alleges:


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