Angelina Triplett-Hill v. Micah Williams

I. INTRODUCTION

The Court finds that Angelina Triplett-Hill’s motion to dismiss is appropriate for decision without oral argument. See Fed. R. Civ. P. 78; C.D. Cal. L.R. 7-15. Accordingly, the matter is hereby taken under submission. On August 17, 2016, plaintiff Angelina Triplett-Hill filed this action against defendant Micah Williams p/k/a Katt Williams. Dkt. 1 (“Compl.”). Plaintiff's initial complaint alleged the following claims for relief: (1) battery; (2) assault; (3) intentional infliction of emotional distress; (4) negligence; and (5) constructive wrongful termination in violation of public policy. Id. On June 29, 2017, the Court issued an Order to Show Cause (“OSC”) as to why this action should not be dismissed for lack of prosecution, and stated that proof of service of the summons and the complaint on defendant Williams would suffice as a satisfactory response to the OSC. Dkt. 15. On July 17, 2017, Triplett-Hill filed proof of service. Dkt. 16. According to the proof of service, on February 17, 2017, plaintiffs process server, Javier Michael Bailey, Sr., entered the backstage area of defendant’s stand-up comedy show in Southaven, Mississippi. Id. …