Marley Whistleblower Lawsuit: City files Motion to Dismiss

Submitted by Adam Kaufman

Legal Analyst

December 11, 2014 3:12 p.m.

Robin Marley, fired Fernandina Beach HR Director

Attorneys for the City of Fernandina Beach have filed a Motion to Dismiss the complaint in the lawsuit initiated by Robin Marley, the City’s former Human Resources Director, who was terminated by the City Manager on October 30. The Motion was filed in the Fourth Judicial Circuit Court on December 10, 2014

Marley has sued the City alleging that she was fired in violation of Florida’s Whistleblower Act for reporting and disclosing an act or suspected acts of “gross mismanagement” within the City’s Fire Department to City Manager Joe Gerrity.

A Motion to Dismiss is a procedural motion made before a defendant answers the complaint in the litigation. It generally asserts that the complaint, on its face, does not allege a prima facie case and/or is procedurally defective.

The City argues that Marley’s complaint does not plead sufficient facts to support a claim under the Whistleblower Act, requests damages or relief that would be unavailable to Marley under that Act and is allegedly otherwise procedurally defective in the manner it asserts claims against the City.

In ruling on a Motion to Dismiss the court must confine itself to the allegations within the complaint and must accept the allegations as true. The court must also make all reasonable inferences arising out of the allegations in favor of the plaintiff and may not speculate as to what the true facts may be or what facts may ultimately be proven in the trial.

It is not uncommon for complaints that are dismissed as a result of a Motion to Dismiss to be dismissed “without prejudice” with leave granted to the plaintiff to amend the complaint.

The Motion to Dismiss, in its entirety, follows.

Adam Kaufman is a semi-retired mediator and attorney. A graduate of Northwestern University School of Law, he was born and raised in the Bronx, NY. and attended NYC public schools, including Stuyvesant High School. He still serves on the American Arbitration Association Labor Panel. From 1994 - 2005, he was Regional Director for the New York State Public Employment Relations Board.