KANSAS CITY – BPL Plasma Inc. recently removed a lawsuit claiming religious discrimination, disability discrimination and retaliation in violation of the Missouri Human Rights Act (MHRA) to the U.S. District Court for the Western District of Missouri.
According to the June 25 removal notice, plaintiff Ciprianna B. Price, frequently known as Ciprianna B. Nelson, originally filed her claim in Jackson County Circuit Court on May 11.
BPL, represented Timothy Hilton and Sara Fevurly of Husch Blackwell in Kansas City, argues that federal court has original jurisdiction because the amount in controversy exceeds $75,000, that there is complete diversity of citizenship between Price and BPL and that the state of citizenship of "Ms. Anthony," a company manager who accepted service, must be disregarded because Price "fraudulently joined her" in the action.
Regarding the amount in controversy, BPL argues that recent verdicts or judgments on MHRA claims suggest that amounts in controversy exceed $75,000.
BPL further argues that the court must disregard that Anthony lives in Missouri, as does Price, because Price "has no possibility of recovering against her." The defendant further claims Anthony was fraudulently joined when Price's claims against her have "no reasonable basis in fact and law."
"Throughout her complaint, plaintiff refers to “defendants” collectively in conclusory allegations ... but fails to directly assert a single factual allegation against Ms. Anthony," BPL argues. "Plaintiff cannot establish a cause of action against Ms. Anthony for discrimination or retaliation under the MHRA because the allegations do not establish Ms. Anthony had any role in the discrimination, retaliation, or termination of laintiffs’ employment."
According to the removal notice, Price is represented by Douglas L. Carter and Jonathan K. McCoy of Kansas City.