United States District Court, D. New Hampshire
Martin T. Quigley
Precision Castparts Corp., et al. Opinion No. 2016 DNH 116
MEMORANDUM AND ORDER
Barbadoro United States District Judge
January 2016, New Hampshire resident Martin Quigley filed a
lawsuit in New Hampshire state court against his former
employer, Precision Castparts Corp., an Oregon
corporation.Along with Precision, Quigley named a host
of other defendants, including two of Precision’s
subsidiaries, eight named individuals, and ten unnamed
“Doe Defendants.” Relevant here, all of these
defendants reside outside New Hampshire except one: Joshua
Durand, the Bow, NH-based Human Resources Manager of
Precision subsidiary PCC Structurals, Inc.
March 2016, Precision removed the case to this court,
invoking the court’s diversity
jurisdiction. See 28 U.S.C. §§ 1332
(diversity); 1446 (removal). It noted that
“all corporate and individual defendants, with the sole
exception of Durand, are citizens of different states.”
Doc. No. 1 at 2. Precision argued that Durand’s
presence in the suit did not destroy diversity jurisdiction
because there was “no reasonable possibility that the
state’s highest court would find that the complaint
states a cause of action against [Durand].”
Id. (citing Universal Truck & Equip. Co. v.
Southworth-Milton, Inc., 765 F.3d 103, 108 (1st Cir.
2014)). The next month, Quigley moved to remand the case to
state court. Doc. No. 8.
asserts a variety of state law claims related to his prior
employment at Precision and two of its subsidiaries,
Wyman-Gordon Investment Castings, Inc. (Wyman) and PCC
Structurals, Inc. (Structurals). He alleges that he was
subjected to a hostile environment while working as the Vice
President of Sales at Wyman’s Cleveland facility from
April 2012 to March 2014. Doc. No. 1-1 at 6. Quigley
eventually requested a transfer to Wyman’s location in
Millbury, MA. Id. Rather than accommodate his
request, however, Precision allegedly forced Quigley to
undergo “internal interviews and testing” before
reassigning him in March 2014 to Structurals’ Tilton,
NH facility under a six-month probationary
agreement. Id. at 6-7.
claims that he was “routinely coerced into partaking in
business practices that he found unethical and illegal”
throughout his tenure at Precision. Id. at 7. For
example, Quigley alleges that Precision engaged in
“extortion of customers, sale of unqualified products,
insurance fraud and price fixing schemes.” Id.
According to Quigley, Precision executives condoned verbal
and physical abuse towards Quigley as a part of
Precision’s “culture” as a “full
contact company.” Id. at 8.
the hostile work environment he was forced to endure, Quigley
soon began suffering from high levels of stress and anxiety.
Id. In July 2014, his doctors recommended a
six-month leave of absence and advised him to avoid stressful
environments. Id. The next month, Quigley contacted
defendant John Erickson, a Senior Vice President at
Precision, to discuss his health issues and request a leave
of absence. Id. at 9. Erickson assured Quigley that
he would only share information about Quigley’s health
issues with other senior executives and human resources
personnel, but to Quigley’s dismay, Erickson and other
unnamed defendants disclosed his health information to
“other employees, to customers, and to others in the
aerospace industry.” Id. This disclosure
humiliated Quigley and impeded his ability to find other
employment at a similar level of compensation. Id.
this period, Quigley continued to pursue a leave of absence.
Defendant Brian Keegan, Precision’s Senior Corporate
Director of Employee Relations, told Quigley that, among
other things, he qualified for six months of disability
coverage through the health insurer Cigna. Id.
Quigley began filling out paperwork for Cigna and invested
“large amounts of time and money” in the process.
Id. At some point, however, he was told that the
“Corporate Defendants, Defendant Durand, and Defendant
Keegan, had all misinformed [Quigley] about [his] eligibility
for coverage.” Id. Cigna then denied his
coverage. Id. This “two-month long
process” caused Quigley “further emotional and
physical distress and significant out-of-pocket
addition to misleading Quigley about his disability coverage,
the “Defendants . . . jointly decided to conduct a sham
investigation” to force him from his job. Id.
at 10. According to Quigley, this “sham
investigation” served as a “pretext for their
firing” him. Id. at 11. In November 2014,
Quigley was placed on unpaid leave status pending
“investigations into suspected violations of his
probationary agreement, ” and the next month,
Quigley’s employment was terminated. Id. at
January 2016, Quigley filed this lawsuit, bringing ten claims
under New Hampshire law. Not all claims are directed at each
defendant; some apply to various corporate defendants, others
to “All Defendants.” See Id. at 11-16.
Quigley asserts only four claims against Durand: breach of
fiduciary duty, civil conspiracy, intentional infliction of
emotional distress, and negligent infliction of emotional
distress. See Id. at 13-16.
Facts Relevant to Durand
is only briefly mentioned in the complaint. He is listed as
one of several individual defendants, along with his Bow, NH
address and role as Structurals’ Human Resource
Manager. Id. at 5. Later in the complaint, Quigley
alleges that “Defendants” – including,
presumably, Durand – improperly disclosed his
confidential health information to employees, customers, and
others in the aerospace industry. Id. at 9. He
argues in a memorandum supporting his motion that
Durand’s position as Human Resource Manager gave him
access to Quigley’s health information, and Durand
breached his duty to keep that information private. See Doc.
No. 8-1 at 2.
further explains that “Defendant Durand” and
other Precision administrators “misinformed” him
about his eligibility for disability coverage under
Cigna’s policy. Doc. No. 1-1 at 9. This
misinformation caused him to undergo an “expensive,
stressful, and ultimately futile two-month long process,
” which led to “further emotional and physical
distress and significant out-of-pocket expenses.”
Id. Finally, Quigley claims that the
“Defendants” – again, presumably including,
but not naming, Durand – “jointly decided to
conduct a sham investigation to force [Quigley] from his job
and prevent him from becoming a whistleblower.”
Id. at 10. Because Durand was Structurals’
Human Resource Manager, Quigley argues, Durand “was in
a position to participate in said civil ...