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Saget v. Wells Fargo Bank, N.A.

United States District Court, Third Circuit

November 26, 2013

EMMANUEL SAGET, Plaintiff,
v.
WELLS FARGO BANK, N.A., Defendant.

OPINION

WILLIAM J. MARTINI, District Judge.

Plaintiff Emmanuel Saget brings this action against Defendant Wells Fargo Bank, N.A. alleging breach of an implied employment contract and tortious interference with prospective economic advantage. This matter comes before the Court on Defendant's motion to dismiss under Federal Rule of Civil Procedure 12(b)(6). There was no oral argument. Fed.R.Civ.P. 78(b). For the reasons set forth below, Defendant's motion to dismiss is GRANTED.

I. BACKGROUND

Defendant is a national licensed banking institution with its main office in South Dakota. Plaintiff worked as a personal banker in Defendant's Hillside, New Jersey branch. On April 18, 2012, after close to two years of employment, Plaintiff was discharged. Plaintiff alleges that his discharge was "without basis in fact or law" and "in derogation of [D]efendant's polices." (Compl. ¶ 4-5.) Plaintiff further alleges that Defendant filed a report with an agency known as "EARLY WARNING" stating that Plaintiff was discharged for unfavorable employment. (Compl. ¶ 7.) Plaintiff maintains that this report has prevented him from pursuing his career in the banking and finance industry. (Compl. ¶ 11.)

On April 26, 2013, Plaintiff filed a Complaint against Defendant in the Superior Court of New Jersey, Union County. On June 7, 2013, Defendant timely removed the Complaint to this Court on the basis of diversity jurisdiction.

II. LEGAL STANDARD

Federal Rule of Civil Procedure 12(b)(6) provides for the dismissal of a complaint, in whole or in part, if the plaintiff fails to state a claim upon which relief can be granted. The moving party bears the burden of showing that no claim has been stated. Hedges v. United States, 404 F.3d 744, 750 (3d Cir. 2005). In deciding a motion to dismiss under Rule 12(b)(6), a court must take all allegations in the complaint as true and view them in the light most favorable to the plaintiff. See Warth v. Seldin, 422 U.S. 490, 501 (1975); Trump Hotels & Casino Resorts, Inc. v. Mirage Resorts Inc., 140 F.3d 478, 483 (3d Cir. 1998).

Although a complaint need not contain detailed factual allegations, "a plaintiff's obligation to provide the grounds' of his entitlement to relief' requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do." Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007). Thus, the factual allegations must be sufficient to raise a plaintiff's right to relief above a speculative level, such that it is "plausible on its face." See id. at 570; see also Umland v. PLANCO Fin. Serv., Inc., 542 F.3d 59, 64 (3d Cir. 2008). A claim has "facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged." Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (citing Twombly, 550 U.S. at 556). While "[t]he plausibility standard is not akin to a probability requirement'... it asks for more than a sheer possibility." Id.

III. DISCUSSION

Plaintiff's Complaint asserts two Counts. Although neither Count specifies a legal grounds for relief, the Court construes Plaintiff's claims as follows:

(A) Count 1: Breach of an implied employment contract; and
(B) Count 2: Tortious interference with prospective economic advantage.

Defendant has moved to dismiss both Counts. The Court will address ...


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