PLAINTIFFS RESPONSE TO DEFENDANT’S REPLY TO PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION TO DISMISS PLAINTIFFS COMPLAINT

IN THE SUPERIOR COURT OF THE DISTRICT OF COLUMBIA

CIVIL DIVISIONponse to

PLAINTIFF’S RESPONSE TO DEFENDANT’S REPLY TO PLAINTIFF’S OPPOSITION TO DEFENDANT’S MOTION TO DISMISS PLAINTIFF’S COMPLAINT

COMES NOW, Plaintiff MONIQUE HEADLEY, pro se, files this Response to Defendant’s Reply to Plaintiff’s Opposition to Defendant’s Motion to Dismiss Plaintiff’s Complaint in the instant case and in support thereof, states as follows:  

1. The Plaintiff does not seek to introduce any new fact and/or evidence. According to Super. Ct. Civ.R. 12-I, a party responding to a Motion to Dismiss is entitled to present opposing points and authorities in the said Response. Further, a material factual dispute must be pleaded as required by Super. Ct. Civ. R. 12-I(k) and 56(e). The Plaintiff therefore avers that she is entitled to produce all facts to support her averments in her Response to Defendant’s Motion to Dismiss. Plaintiff further maintains that her Response to the Motion to Dismiss raises the factual allegations in the Complaint, and that she has not included any new evidence and/or fact.
2. The Plaintiff has presented sufficient facts to raise a claim/claims for relief.  “Under Super. Ct. Civ. R. 8(a) and (e), a complaint is sufficient so long as it fairly puts the defendant on notice of the claim against him.” Scott v. District of Columbia, 493 A.2d 319, 323 (D.C. 1985) (citation omitted) (Emphasis added). Furthermore, “[a] complaint should not be dismissed because the court doubts that a plaintiff will prevail on a claim.” Duncan v. Children’s Nat’l Med.Ctr., 702 A.2d 207, 210 (D.C. 1997) (citation omitted). Nor should a complaint be dismissed under Rule 12(b)(6) on the ground that no “evidence [has] been offered by Plaintiffs” since the Court “tak[es] the facts alleged in the complaint as true,” Casco Marina Dev., L.L.C., 834 A.2d at 81, and the presentation of evidence to counter a Rule 12(b)(6) motion is not required. Further, the required pleading standard “does not require ‘detailed factual allegations,’ See Bell Atl. Corp. v. Twombly, 550 U.S. 544, 545, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007). In light of the foregoing, Plaintiff avers that she has pleaded factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.
3. It is trite law that a tort must stand as a tort even if the contractual relationship did not exist. Carter v. Bank of America, N.A., 888 F.Supp.2d 1, 15 (D.D.C.2012) (quoting District of Columbia v. Straus, 607 F.Supp.2d 180, 1840–54 (D.D.C.2010). Accordingly, a tort claim must stand when there are facts separable from the terms of the contract upon which the tort may independently rest and when there is a duty independent of that arising out of the contract itself, so that an action for breach of contract would reach none of the damages suffered by the tort. Choharis v. State Farm Fire & Cas. Co., 961 A.2d 1080, 1088–89 (D.C.2008); see also Plesha v. Ferguson, 725 F.Supp.2d 106, 112–13 (D.D.C.2010). In the instant action, the Plaintiff avers that even absent a contractual relationship, the Defendant are subject to common law duty of reasonable care to avoid causing emotional distress to another individual. Therefore, the Defendant ought to avoid any action and/or inaction, which would occasion emotional distress.

WHEREFORE, Plaintiff, MONIQUE HEADLEY, prays that this Honorable Court dismisses and/or denies Defendant’s Response to Plaintiff’s Opposition to Defendant’s Motion to Dismiss Plaintiff’s Complaint. Plaintiff also prays this Honorable Court grants any other relief that the Court deems just.

Respectfully submitted,

DATED:    __________

CERTIFICATE OF MAILING

Defendant affirms that a copy of the above was served upon the Defendant to this action by electronic and/or U.S. mail to her respective address as stated below:

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