Legal Opinion

Dalton v. Manor Care of West Des Moines IA, LLC

District Court, S.D. Iowa

Decided January 29, 2013No. 4:12-cv-00172-JEGPublished

1Opinion of the Court

ORDER

JAMES E. GRITZNER, Chief Judge.

This matter is before the Court on a Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(1) and 12(b)(6), filed by Defendants ManorCare Health Services, LLC (MHS) and HCR ManorCare, Inc. (HCR). Plaintiff Lucinda Dalton (Dalton) resists. A hearing was not requested, and the Court finds a hearing is unnecessary. Accordingly, the matter is fully submitted and ready for disposition.

1. FACTUAL BACKGROUND1

Dalton was hired to work as a Floor Nurse at a Manor Care 2 facility in West Des Moines, Iowa, in March of 2010.3 She was promoted to a position…

2Cases cited39 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  4. McDonnell Douglas Corp. v. GreenSupreme Court of the United States · 1973
  5. Conley v. GibsonSupreme Court of the United States · 1957

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