Terrance D. Rutherford, individually and on behalf of other similarly situated individuals v. FIA Card Services, N.A., (Bank of America), Alaska Airlines Inc., Horizon Air Industries Inc.
Published: Sep. 27, 2014 | Result Date: Sep. 5, 2014 | Filing Date: Jan. 1, 1900 |Case number: 2:13-cv-02934-DDP-MAN Bench Decision – Dismissal
Court
USDC Central
Attorneys
Plaintiff
Louis M. Marlin
(Louis Marlin Mediation)
Stephen P. O'Dell
(Marlin & Saltzman LLP)
Thomas A. Cifarelli
(The Cifarelli Law Firm)
Defendant
Tritia M. Murata
(Davis, Wright & Tremaine LLP)
David E. Snyder
(First Amendment Coalition)
Dale K. Larson
(Strumwasser & Woocher LLP)
Facts
Terrance Rutherford brought a lawsuit against FIA Card Services N.A., Alaska Airlines Inc., and Horizon Air Industries Inc.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff worked for Alaska Airlines and that FIA issued "Alaska Airlines" brand credit cards. Plaintiff alleged that he took part in an incentive program, by which he distributed credit card applications and was supposed to receive certain payments when those applications were submitted or approved. Plaintiff further alleged that he was not paid all monies due to him under the incentive program.
DEFENDANT'S CONTENTIONS:
Defendants agued that plaintiff's complaint should be dismissed because it failed to show that defendants owe him money. Alaska Airlines argued that the complaint failed to allege that specifically Alaska Airlines owed plaintiff money.
Result
The court granted all defendants' motions to dismiss. The court held, in part that plaintiff's complaint failed to allege Alaska Airlines actually pays employees for the incentive program. The court also held that the complaint failed to show that plaintiff and FIA had the type of relationship that would establish an independent accounting claim. The court dismissed plaintiff's second amended complaint with prejudice.
Other Information
FILING DATE: April 25, 2013.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390