Carlson v. Charter CommunicationsMOTION to Dismiss [Partial] Joshua B. Kirkpatrick appearing for Defendant Charter CommunicationsD. Mont.September 20, 2016Joshua B. Kirkpatrick (Bar No. 6258) LITTLER MENDELSON, P.C. 1900 Sixteenth Street, Suite 800 Denver, CO 80202 Telephone: 303.629.6200 Facsimile: 303.629.0200 Email: jkirkpatrick@littler.com UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA HELENA DIVISION LANCE CARLSON, Plaintiff, v. CHARTER COMMUNICATIONS, LLC, Defendant. Case No. 6:16-cv-00086-SEH CHARTER COMMUNICATIONS, LLC’S PARTIAL MOTION TO DISMISS Pursuant to Rule 12 of the Federal Rules of Civil Procedure, Defendant Charter Communications, LLC (“Charter”), by and through its undersigned counsel, respectfully moves for partial dismissal of Plaintiff’s Complaint and in support of its Motion states as follows: 1. As demonstrated in the Brief in Support of this Motion, Plaintiff’s first claim for relief is premised on Plaintiff’s allegations that Charter violated Case 6:16-cv-00086-SEH Document 3 Filed 09/20/16 Page 1 of 3 2 Montana’s Wrongful Discharge From Employment Act, MCA § 39-2-901, et seq. (“WDEA”), when it terminated his employment for legal use of medical marijuana. 2. However, the statute permitting medical use of marijuana in Montana, MCA § 50-46-320, specifically provides that “[n]othing in this part may be construed to permit a cause of action against an employer for wrongful discharge pursuant to 39-2-904 or discrimination pursuant to 49-1-102.” Therefore, Plaintiff’s first claim should be dismissed with prejudice. 3. In accordance with D. Mont. LR. 7.1(c), Defendant’s counsel conferred with counsel for Plaintiff who confirmed that Plaintiff opposes the relief requested in this Motion. For all of the forgoing reasons, Charter respectfully requests that the Court dismiss Plaintiff’s first claim for relief, wrongful discharge, with prejudice. Dated: September 20, 2016 s/ Joshua B. Kirkpatrick Joshua B. Kirkpatrick Attorneys for Defendant CHARTER COMMUNICATIONS, LLC Case 6:16-cv-00086-SEH Document 3 Filed 09/20/16 Page 2 of 3 3 CERTIFICATE OF SERVICE I hereby certify that on this 20th day of September, 2016, a true and correct copy of the foregoing CHARTER COMMUNICATIONS, LLC’S PARTIAL MOTION TO DISMISS was filed and served via CM/ECF which will send a copy to the following. Brian J. Miller Morrison, Sherwood, Wilson and Deola, P.L.L.P 401 North Last Chance Gulch P.O. Box 557 Helena, Montana 59601 bmiller@mswdlaw.com The duly signed original is on file at the offices of Littler Mendelson, P.C. s/ Joshua B. Kirkpatrick Joshua B. Kirkpatrick Firmwide:142844208.1 047830.1175 Case 6:16-cv-00086-SEH Document 3 Filed 09/20/16 Page 3 of 3
