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Carnate v. Hilton Resorts Corp.

United States District Court, D. Hawaii

November 13, 2019

PAULINO M. CARNATE, Plaintiff,
v.
HILTON RESORTS CORPORATION dba HILTON GRAND VACATIONS COMPANY, LLC, Defendant.

          ORDER GRANTING DEFENDANT HILTON RESORTS CORPORATION'S MOTION TO DISMISS COUNT III (PRETEXT) (ECF NO. 16)

          HELEN GILLMOR JUDGE

         Plaintiff Paulino M. Carnate filed a First Amended Complaint against his former employer Hilton Resorts Corporation, doing business as Hilton Grand Vacations Company, LLC.

         Plaintiff alleges claims of hostile work environment and employment discrimination pursuant to Hawaii state law on the basis of his age, ancestry, and national origin.

         Plaintiff styles the causes of action in his Complaint as:

         Count I (Discrimination: Ancestry and national origin)

         Count II (Hostile Work Environment)

         Count III (Pre-text).

         Defendant Hilton Resorts Corporation seeks to dismiss Count III on the basis that there is no stand-alone cause of action for pretext. Defendant explains that pretext is part of the McDonnell Douglas shifting burdens analysis for employment discrimination causes of action.

         Defendant also moves to strike Plaintiff's allegations in the First Amended Complaint and Plaintiff's pleadings that allege Defendant's representatives violated the Hawaii Penal Code. Defendant also moves for sanctions.

         Defendant Hilton Resorts Corporation's Motion to Dismiss Count III (Pretext) (ECF No. 16) is GRANTED.

         The Court STRIKES Paragraph 78(i) in the First Amended Complaint (ECF No. 8).

         The Court declines to impose sanctions at this time.

         PROCEDURAL HISTORY

         On March 13, 2019, Plaintiff filed a Complaint in the Circuit Court of the Third Circuit, State of Hawaii. (ECF No. 1-1).

         On April 8, 2019, Defendant filed a NOTICE OF REMOVAL in United States District Court for the District of Hawaii. (ECF No. 1).

         On April 29, 2019, Plaintiff filed a FIRST AMENDED COMPLAINT. (ECF No. 8).

         On May 22, 2019, Defendant filed DEFENDANT HILTON RESORTS CORPORATION'S MOTION TO DISMISS COUNTS III (PRETEXT). (ECF No. 16).

         On May 29, 2019, the Court set a briefing schedule and set June 13, 2019 as the deadline for Plaintiff to file his Opposition. (ECF No. 20).

         On May 31, 2019, Plaintiff filed a Request to Reschedule The Hearing. (ECF No. 21).

         On June 5, 2019, the Court granted Plaintiff's Request to Reschedule The Hearing. (ECF No. 22).

         On June 20, 2019, Defendant filed a Reply. (ECF No. 23).

         On the same date, the Court issued a Minute Order continuing the briefing schedule to allow Plaintiff additional time to file an Opposition to Defendant's Motion to Dismiss. (ECF No. 24).

         On June 24, 2019, Plaintiff file his Opposition to the Motion to Dismiss. (ECF No. 25).

         On June 28, 2019, Defendant filed a REPLY to Plaintiff's Opposition to its Motion to Dismiss ...


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