United States District Court, D. Arizona
For Seth Haller, a married man, Plaintiff, Counter Defendant: Erica Marie Fedon, Jon Laurence Phelps, LEAD ATTORNEYS, Phelps Law Group, Phoenix, AZ.
For Laura Haller, Plaintiff: Jon Laurence Phelps, Phelps Law Group, Phoenix, AZ.
For Advanced Industrial Computer Incorporated, Defendant, Counter Claimant: Helen Rubenstein Holden, LEAD ATTORNEY, Sacks Tierney PA, Scottsdale, AZ.
For Laura Haller, Counter Defendant: Erica Marie Fedon, LEAD ATTORNEY, Jon Laurence Phelps, Phelps Law Group, Phoenix, AZ.
David G. Campbell, United States District Judge.
Defendant Advanced Industrial Computer, Inc. (" AIC" ) has moved for judgment on the pleadings for claims three through six. Doc. 13. The motion has been fully briefed. For the reasons listed below, the Court will grant Defendant's motion with leave for Plaintiffs Seth and Laura Haller to file an amended complaint.
Defendant AIC is a California corporation that provides computer servers and peripheral storage devices. Doc. 8 ¶ 5; Doc. 13 at 1. Plaintiffs are Seth Haller and his wife, Laura Haller. Doc. 8 ¶ ¶ 3-4. Mr. Haller was employed by AIC as the Director of Business Development from January 23, 2008, to October 31, 2012. Id. ¶ 7-8, 25. The relevant facts alleged by Mr. Haller (Doc. 8) are as follows.
Upon being hired, Mr. Haller purchased 45,000 shares of AIC stock as an investment. Id. ¶ 10. He signed a Stock Plan Agreement (" Agreement" ) for 30,000 bonus shares of AIC stock on March 7, 2008. Id. ¶ 10. Per the Agreement, Mr. Haller would receive the 30,000 bonus shares of AIC stock if his group contributed at least five Taiwanese dollars in earnings per share to AIC stock in 2010. Id. ¶ 12. Mr. Haller's group satisfied the contribution requirement. Id. ¶ 13. Also, Mr. Haller received an additional 5,000 bonus shares during the course of his employment, but he never signed an agreement for those shares. Id. ¶ 15-16. Mr. Haller's employment with AIC ended after he was given a notice of involuntary resignation; his last day of employment was October 31, 2012. Id. ¶ ¶ 24-25. Mr. Haller received his investment of 45,000 AIC shares upon termination, but never received the 35,000 bonus shares. Id. ¶ 26.
On October 18, 2013, Plaintiffs filed suit in the state of Arizona. Doc. 1-1. Defendant removed this action pursuant to 28 U.S.C. § § 1331, 1332, 1441, and 1446. Doc. 1. Plaintiffs' first amended complaint alleges six counts: (1) violation of the Arizona Civil Rights Act; (2) violation of Title VII of the Civil Rights Act of 1964; (3) breach of contract; (4) unjust enrichment; (5) breach of the covenant of good faith and fair dealing; and (6) damages pursuant to A.R.S. ...