Zola Mashariki v. Viacom, Inc. et alNOTICE OF MOTION AND MOTION to Dismiss Second, Eighth, and Ninth Causes of ActionC.D. Cal.June 23, 2017 DEFENDANT STEPHEN HILL’S NOTICE OF MOTION AND MOTION TO DISMISS PURSUANT TO FRCP 12(b)(6) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ELENA R. BACA (SB# 160564) elenabaca@paulhastings.com RYAN D. DERRY (SB# 244337) ryanderry@paulhastings.com PAUL HASTINGS LLP 515 South Flower Street, 25th Floor Los Angeles, CA 90071-2228 Telephone: (213) 683-6000 Facsimile: (213) 627-0705 Attorneys for Defendants VIACOM INC., BLACK ENTERTAINMENT TELEVISION LLC, and STEPHEN HILL UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA ZOLA MASHARIKI, Plaintiff, vs. VIACOM INC.; BLACK ENTERTAINMENT TELEVISION LLC; Stephen Hill, and DOES 1 through 50, inclusive, Defendants. CASE NO. 2:17-cv-03366 PSG (ASx) DEFENDANT STEPHEN HILL’S NOTICE OF MOTION AND MOTION TO DISMISS PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(b)(6) Date: August 14, 2017 Time: 1:30 p.m. Place: Courtroom 6A Judge: Hon. Philip S. Gutierrez Complaint filed: May 3, 2017 Case 2:17-cv-03366-PSG-AS Document 24 Filed 06/23/17 Page 1 of 3 Page ID #:319 - 1 - DEFENDANT STEPHEN HILL’S NOTICE OF MOTION AND MOTION TO DISMISS PURSUANT TO FRCP 12(b)(6) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TO PLAINTIFF ZOLA MASHARIKI AND HER ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that on August 14, 2017, at 1:30 p.m., or as soon thereafter as the matter may be heard, in Courtroom 6A of this Court, located at 350 West First Street, 6th Floor, Los Angeles, CA 90012-4565, before the Honorable Philip S. Gutierrez, Defendant Stephen Hill (“Hill”) will and hereby does move this Court for an order pursuant to Rule 12(b)(6): Dismissing, with prejudice, Mashariki’s second claim for relief for hostile work environment under Title VII, 42 U.S.C. §§ 2000e, et seq., as asserted against Hill. As a matter of law, Hill cannot be individually liable under Title VII for environmental harassment. See Miller v. Maxwell Int’l, Inc., 991 F.2d 583, 587 (9th Cir. 1993) (holding no individual liability under Title VII). Dismissing, with prejudice, Mashariki’s eighth claim for relief for gender discrimination under the California Fair Employment and Housing Act, California Government Code §§ 12940, et seq. (“FEHA”), as asserted against Hill. As a matter of law, Hill cannot be individually liable under FEHA for gender discrimination. See Reno v. Baird, 18 Cal. 4th 640, 645-46 (1998) (holding a plaintiff cannot assert a gender discrimination claim under FEHA against an individual supervisor). Dismissing Mashariki’s ninth claim for hostile work environment under FEHA, as asserted against Hill, for failing to identify which facts she contends state a plausible claim against Hill as required by Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). This Motion is made following the conference of counsel pursuant to Local Rule 7-3, which took place on June 16, 2017. This motion is based on this Notice of Motion; the accompanying Memorandum of Points and Authorities; the Court’s Case 2:17-cv-03366-PSG-AS Document 24 Filed 06/23/17 Page 2 of 3 Page ID #:320 - 2 - DEFENDANT STEPHEN HILL’S NOTICE OF MOTION AND MOTION TO DISMISS PURSUANT TO FRCP 12(b)(6) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 record of this action; all matters of which the Court may take notice; and all other matters received by the Court at the hearing on this motion. DATED: June 23, 2017 PAUL HASTINGS LLP ELENA R. BACA RYAN D. DERRY By: /s/ Elena R. Baca ELENA R. BACA Attorneys for Defendants VIACOM INC., BLACK ENTERTAINMENT TELEVISION LLC and STEPHEN HILL Case 2:17-cv-03366-PSG-AS Document 24 Filed 06/23/17 Page 3 of 3 Page ID #:321
