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Mattiaccio v. DHA Group, Inc.

United States District Court, D. Columbia.

November 5, 2013

DHA GROUP, INC, et al, Defendants

GENNARO MATTIACCIO, II, Plaintiff, Pro se, Stafford, VA.

For DHA GROUP, INC., AMI GETU, Individually, and as Manager of Human Resources for DHA Group, Inc., DAVID HALE, Individually, Defendants: Emily C. Harlan, LEAD ATTORNEY, NIXON PEABODY, L.L.P., Washington, DC.


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Presently before the Court is the Defendants' [59] Motion to Strike Allegations from the Plaintiff's Second Amended Complaint. The Plaintiff opposes the Defendant's Motion in part, objecting to the deletion of certain factual allegations, but concedes that specific paragraphs and sentences previously struck by the Court in its September 16, 2013, [53] Order should be struck. Upon consideration of the pleadings, [1] the relevant legal authorities, and the record as a whole, the Court strikes the paragraphs and statements previously struck in the Court's September 16, 2013, Order, and orders the Plaintiff to further strike the challenged factual allegations that relate only to hostile work environment, discrimination, and retaliation claims and claims against David Fisher for which the Court previously denied the Plaintiff leave to include in his Amended Complaint. All other challenged factual allegations may remain part of the Plaintiff's Amended Complaint. Accordingly,

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the Defendant's Motion to Strike is GRANTED IN PART and DENIED IN PART as set forth below.


The Plaintiff filed suit on July 30, 2012, alleging Defendants Ami Getu, David Hale, and DHA Group, Inc., defamed the Plaintiff. See generally Compl., ECF No. [1]. The Plaintiff also asserted three claims for violations of the Fair Credit Reporting Act (" FCRA" ), 15 U.S.C. § § 1681 et seq., one count against each Defendant, arising out of a post-employment background check of the Plaintiff. Upon the Defendants' motion, the Court dismissed the defamation claim without prejudice. 12/11/12 Mem. Op. & Order, ECF Nos. [14, 15]. The Plaintiff amended his complaint on January 14, 2013. See generally Am. Compl., ECF No. [16]. During the initial scheduling conference on March 28, 2013, the Court ordered the parties to file any amended pleadings by no later than May 27, 2013, and set discovery to close on October 11, 2013. Sched. & P. Order, ECF No. [27]. In July 2013, the parties contacted the Court indicating that they had a dispute regarding the scope of depositions the Plaintiff intended to take of certain current and former employees of Defendant DHA Group. On July 8, 2013, the Court issued an order precluding the Plaintiff from inquiring during depositions into acts potentially relevant to a wrongful termination or employment discrimination claim, [2] but not relevant to the Plaintiff's defamation or FCRA claims--the only causes of actions the Plaintiff had alleged in his Complaint. Although, according to Defendants, the Plaintiff may have violated the Court's July 8, 2013, Order while conducting depositions, see Def.s' Mot. to Strike, ECF No. [59], at 6; see also Pl.'s Opp'n, ECF No. [67], at 14-15, any evidence objected to by the Defendants and obtained contrary to the Court's Order will not be considered by the Court during this case.

On July 28, 2013, approximately two months after the deadline for filing amended pleadings, the Plaintiff filed a motion for enlargement of time in which to file an amended complaint. The Court denied the Plaintiff's motion without prejudice because the Plaintiff failed to attach a copy of his proposed second amended complaint, and failed to indicate whether the Defendants opposed the motion, in violation of Local Civil Rule 7(i) and 7(m) respectively. The Plaintiff renewed his motion on August 9, 2013. Pl.'s Mot., ECF N. [46]. The Plaintiff sought leave to include eleven additional claims, including five new employment-based claims and six defamation, tortious interference, and FRCA claims against new defendants. In a September 16, 2013, [53] Order, the Court granted in part and denied in part the Plaintiff's Motion. Specifically, the Court denied the Plaintiff leave to include hostile work environment, retaliation, age discrimination, disability, and wrongful termination claims. In addition, the Court prohibited the Plaintiff from including defamation, civil conspiracy, and tortious interference claims against David Fisher, and a large set of new or revised factual allegations regarding existing claims to which the Defendants had objected. The Court emphasized that these factual allegations and claims were largely based on events that preceded May 2012 and that amending the complaint at that point to include these allegations and claims would essentially re-start the litigation from the beginning less than one month before discovery was set to close. The Plaintiff was allowed, however,

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to amend his Complaint to include claims of defamation, civil conspiracy, and tortious interference against Karen Fisher, and a Fair Credit Reporting Act claim against Nelson Blitz because he had learned information relevant to these claims in depositions during discovery after the date for amending pleadings had passed.

It is against this backdrop that the Court now evaluates the Plaintiff's [55] Second Amended Complaint, filed on October 3, 2013, in an effort to comply with the Court's September 16, 2013, Order. The Defendants move to strike portions of the Second Amended Complaint ...

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