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VAKHARIA v. LITTLE CO. OF MARY HOSP. & HEALTH CARE

April 20, 1998

USHA VAKHARIA, M.D., Plaintiff,
v.
LITTLE COMPANY OF MARY HOSPITAL AND HEALTH CARE CENTERS, DAVID J. ROTH, M.D., EVERGREEN ANESTHESIA AND PAIN MANAGEMENT SERVICES, S.C., KENT F.W. ARMBRUSTER M.D., BERNARD P. FLAHERTY, M.D., MARTIN J. PHEE, M.D., JOSE M. CAVA, M.D., JAMES A. K. LAMBUR, M.D., SISTER KATHLEEN MCINTYRE, LCM, CLAUS VON ZYCHLIN, FRANK J. SCHAEFFER, GEORGE J. CULLEN, LEO E. HENNESSY, SISTER M. DAMIAN YOUNG, L.C.M., RICHARD M. FARRELL, M.D., VINCENT GAVIN, JAMES KEANE, MARY ELLEN MCGUIRE, THOMAS E. MURRAY, ED.D., THOMAS S. PATRICOSKI, M.D., MICHAEL B. SCHNEIDER, ALBERT C. BALDERMANN, Defendants.



The opinion of the court was delivered by: NORGLE

OPINION AND ORDER

 CHARLES R. NORGLE, Sr., District Judge:

 Before the court is Defendants' Combined Motion to Dismiss Counts II, IV, and VI of the Second Amended Complaint, to Strike Count V, and to Strike Certain Allegations of Counts I and III. For the following reasons, Defendants' Combined Motion to Dismiss Counts II, IV, and VI of the Second Amended Complaint is granted; the Motion to Strike Count V is granted; and the Motion to Strike Certain Allegations of Counts I and III is denied.

 I. BACKGROUND

 The factual background of this case was discussed exhaustively in Vakharia v. Little Company of Mary Hospital and Health Care Centers, 917 F. Supp. 1282 (N.D. Ill. 1996) ("Vakharia I "). Because the facts relevant to the disposition of the instant motion remain unchanged since Vakharia I, the court will not repeat them here.

 II. PROCEDURAL BACKGROUND

 On June 1, 1995, Vakharia filed an eight-count, First Amended Complaint. On March 7, 1996, the court dismissed all of Vakharia's claims. However, the following counts were dismissed without prejudice: Counts I and II, § 1981 claims, against Sister Kathleen McIntyre ("McIntyre"), Claus Von Zychlin ("Zychlin"), David J. Roth ("Roth"), the Little Company of Mary Hospital and Health Care Centers ("Hospital"), the Hospital Board members ("the Board"), and Evergreen Anesthesia and Pain Management Services, S.C. ("Evergreen") (collectively "Defendants"); Count III, a § 1985 claim, against Hospital and Evergreen; Count V, a breach of by-laws claim, against Hospital; Count VI, a § 1986 claim, against Hospital and Evergreen; and Count VII, a Title VII claim against Hospital.

 On July 10, 1997, Vakharia seized the opportunity to cure the pleading defects and filed her six-count, Second Amended Complaint. Count I alleges that McIntyre, Zychlin, Roth, Hospital, the Board, and Evergreen violated § 1981 by interfering with Vakharia's right to contract with patients because of her race, color, and national origin. Count II claims that Hospital and Evergreen violated §§ 1981(a-c) and 1985(3) when they conspired to interfere with Vakharia's right to contract with patients. Count III avers that Hospital breached the staff by-laws by granting an exclusive provider contract without consulting the staff about quality care issues. Count IV is a Title VII action which contends that Hospital discriminated against Vakharia on the basis of her race, color, and national origin by failing to assign her cases and delaying her application for full staff privileges. Count V declares that Hospital and Evergreen violated the Age Discrimination in Employment Act ("ADEA") when younger anesthesiologists were treated more favorably than Vakharia. Count VI is a § 1986 action against Hospital and Evergreen for neglecting to prevent the various forms of alleged discrimination.

 Defendants now move to dismiss Counts II, IV, and VI pursuant to Federal Rule of Civil Procedure 12(b)(6). Defendants also request that the court strike, in its entirety, Count V, and certain allegations in Counts I and III.

 II. DISCUSSION

 For purposes of a Rule 12(b)(6) motion to dismiss, the court must accept all well-pleaded factual allegations as true, and draw all reasonable inferences therefrom in the light most favorable to the plaintiff. Gutierrez v. Peters, 111 F.3d 1364, 1368-69 (7th Cir. 1997). At the same time, however, the court is not required to accept conclusory legal allegations. Panaras v. Liquid Carbonic Indus. Corp., 74 F.3d 786, 792 (7th Cir. 1996). "'It is true that the Federal Rules of Civil Procedure do not require a plaintiff to set out in detail the facts upon which a claim is based. Nevertheless, a plaintiff must allege sufficient facts to outline a cause of action, proof of which is essential to recovery.'" Stevens v. Umsted, 131 F.3d 697, 700 (7th Cir. 1997) (quoting Ellsworth v. City of Racine, 774 F.2d 182, 184 (7th Cir. 1985)). Thus, a complaint should not be dismissed unless "it is impossible [for the plaintiff] to prevail 'under any set of facts that could be proved consistent with his allegations.'" Albiero v. City of Kankakee, 122 F.3d 417, 419 (7th Cir. 1997) (quoting Hishon v. King & Spalding, 467 U.S. 69, 73, 81 L. Ed. 2d 59, 104 S. Ct. 2229 (1984)).

 A. Discrimination Claims

 Courts analyze § 1981 claims in the same manner as Title VII and ADEA claims. Bratton v. Roadway Package System, Inc., 77 F.3d 168, 175-76 (7th Cir. 1996). Accordingly, the court will address the discrimination claims contained in Counts ...


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