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Civil Procedure Keyed to Friedenthal
Garcia v. Hilton Hotels International, Inc
Facts
Plaintiff Garcia filed a complaint against Defendant Hilton Hotels International Inc., alleging that Defendant slandered Plaintiff when Defendant accused Plaintiff of hiring women to engage in prostitution out of the hotel. Plaintiff’s complaint in Paragraph 4 alleges that Plaintiff was “falsely and slanderously” accused of “procuring prostitution.” Paragraphs 5-8 of the complaint allege that Defendant further accused Plaintiff of procuring prostitution during a labor hearing that Plaintiff was required to bring. A statute stated that all statements made at such proceedings were privileged and were not admissible in any proceeding. Defendant moved to dismiss Plaintiff’s complaint under Rule 12(b)(6) of the Federal Rules of Civil Procedure or in the alternative to strike Paragraphs 5-8 of Plaintiff’s complaint.
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