Summary: The defendants filed a motion for judgment on the pleadings, arguing that the plaintiff lacks standing to pursue the Title IX, breach of contract, state law discrimination, and fraud claims. The defendants further argue that the plaintiff’s state law retaliation claims are barred by the applicable statute of limitations and that they do not owe the plaintiff a fiduciary duty. The Court granted the defendants’ motion for judgment on the pleadings, finding that the plaintiff’s claims under the state whistle-blower statute and the state Human Rights Act are time-barred, and that the plaintiff failed to assert a valid Title IX, breach of contract, actual fraud, or constructive fraud claim. As such, all claims should be dismissed as a matter of law.
Case Name: Clausen v. National Geographic Society, et al.
Case Number: 4-08-cv-103
Docket Number: 22
Date Filed: 10/9/09
Nature of Suit: 440
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
NORTHWESTERN DIVISION
Eric Clausen,
National Geographic Society, National Geographic Society Education Foundation, North Dakota Geography Education Fund, and North Dakota Geographic Alliance,
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) ) ORDER GRANTING DEFENDANTS’ ) MOTION FOR JUDGMENT ON ) THE PLEADINGS ) ) Case No. 4:08-cv-103 ) ) ) ) |