United States District Court, D. Hawaii
PAULINO M. CARNATE, Plaintiff,
HILTON RESORTS CORPORATION dba HILTON GRAND VACATIONS COMPANY, LLC, Defendant.
ORDER GRANTING DEFENDANT HILTON RESORTS
CORPORATION'S MOTION TO DISMISS COUNT III (PRETEXT) (ECF
Paulino M. Carnate filed a First Amended Complaint against
his former employer Hilton Resorts Corporation, doing
business as Hilton Grand Vacations Company, LLC.
alleges claims of hostile work environment and employment
discrimination pursuant to Hawaii state law on the basis of
his age, ancestry, and national origin.
styles the causes of action in his Complaint as:
(Discrimination: Ancestry and national origin)
II (Hostile Work Environment)
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.
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.
Hilton Resorts Corporation's Motion to Dismiss Count III
(Pretext) (ECF No. 16) is GRANTED.
Court STRIKES Paragraph 78(i) in the First
Amended Complaint (ECF No. 8).
Court declines to impose sanctions at this time.
March 13, 2019, Plaintiff filed a Complaint in the Circuit
Court of the Third Circuit, State of Hawaii. (ECF No. 1-1).
April 8, 2019, Defendant filed a NOTICE OF REMOVAL in United
States District Court for the District of Hawaii. (ECF No.
April 29, 2019, Plaintiff filed a FIRST AMENDED COMPLAINT.
(ECF No. 8).
22, 2019, Defendant filed DEFENDANT HILTON RESORTS
CORPORATION'S MOTION TO DISMISS COUNTS III (PRETEXT).
(ECF No. 16).
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).
31, 2019, Plaintiff filed a Request to Reschedule The
Hearing. (ECF No. 21).
5, 2019, the Court granted Plaintiff's Request to
Reschedule The Hearing. (ECF No. 22).
20, 2019, Defendant filed a Reply. (ECF No. 23).
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, 2019, Plaintiff file his Opposition to the Motion to
Dismiss. (ECF No. 25).
28, 2019, Defendant filed a REPLY to Plaintiff's
Opposition to its Motion to Dismiss ...