Kenna Donora Porter v. Delta Airlines, Inc.

Introduction and Summary of Decision 1. This is an employment discrimination action involving an airline. Defendant Delta Airlines fired Plaintiff Porter. Plaintiff contends that the airline fired her because of her medical ailments and her need for accommodation at work. She also contends that an HR employee intentionally caused her emotional distress and defamed her by actions he took in the course of her termination. All of Plaintiffs claims sound under state law; she pled no federal question cause of action. 2. Notably, the HR employee (Defendant Lingard) is a California resident. As a result, Plaintiff contends that the action — originally filed in the state superior court, and removed to this federal court on diversity-of-citizenship grounds — must be remanded. 3. The Court reviewed the parties’ briefing regarding the motions to remand and to dismiss the original complaint (Docket # 26, 29-33), the First Amended Complaint (Docket # 36), and the parties’ post-FAC supplemental briefing. (Docket # 38-39.) I also reviewed my notes of our lengthy hearing in March.! After reviewing the modestly- enhanced allegations against Mr. Lingard in the FAC, the Court…