Zuidema v. Raymond Christopher, Inc.

MEMORANDUM OPINION AND ORDER

ROBERT M. DOW, JR., District Judge.

Before the Court is Defendant’s motion to dismiss [13] Counts III and IV of Plaintiffs complaint [1] pursuant to Federal Rule of Civil Procedure 12(b)(6). Count III of the complaint is a claim for battery and Count IV is a claim for intentional infliction of emotional distress (“IIED”). For the reasons stated below, Defendant’s motion to dismiss is respectfully denied.

I. Background1

Plaintiff Bryan Zuidema (“Zuidema” or “Plaintiff’) was formerly employed by Defendant Raymond Christopher, Inc., d/b/a Cinnabon (“Cinnabon”). ¶ 1.…