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MILLER v. FORD MOTOR COMPANY

United States District Court, Northern District of Illinois, E. Division


July 17, 2001

GARY MILLER, PLAINTIFF
v.
FORD MOTOR COMPANY, DEFENDANT

The opinion of the court was delivered by: Elaine E. Bucklo, Judge Gary Miller was employed by Ford Motor Company ("Ford") at the Ford Chicago Assembly Plant ("the plant") for twenty-six years. In 1998 he was working as the head of security, but he was fired on September 18, 1998, in the wake of internal investigations into a series of "sex parties" held by employees on the grounds of the plant. Mr. Miller was not present at the parties or at work when they occurred, and did not know about them until after the fact. He cooperated in the investigations, but he was fired for knowing about the parties and failing to prevent them. Ford was involved in a number of lawsuits alleging sexual harassment at the plant, some of which involved allegations about the sex parties. Mr. Miller claims that he was fired as a scapegoat so that Ford could demonstrate that it was taking remedial actions for the purposes of the other lawsuits. He sued originally in state court, alleging wrongful termination without cause, wrongful termination in violation of public policy, breach of contract, and negligence. Ford removed to federal court on the basis of diversity jurisdiction and moved to dismiss all claims. The motion is granted in part and denied in part. On a motion to dismiss, I accept all factual allegations in the plaintiff's complaint as true and draw all reasonable inferences in the plaintiff's favor. Home Valu, Inc. v. Pep Boys, 213 F.3d 960, 963 (7th Cir. 2000). Dismissal is appropriate only if it appears beyond doubt that the plaintiff cannot prove any set of facts that would entitle him to relief. Id. Ford asks me to strike Mr. Miller's "extraneous facts" in his brief and the attached exhibits. Ordinarily, I may not consider matters outside of the pleading in ruling on a motion to dismiss, but a plaintiff may supplement the complaint with factual narration in an affidavit or brief in order to make out a claim. Albiero v. City off Kankakee, MEMORANDUM OPINION AND ORDER

20010717

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