As a matter of law, Fernandez, through her lawyer Brien Sers Nicholas, said NMC is required to allege enough facts to state a claim for relief that is plausible on its face in this case.
“NMC has not done so and it is clear that NMC cannot prove any set of facts in support of its claims against [Fernandez] which would entitle it to relief.
What NMC has done, however, is make unfounded and conclusory allegations against [Fernandez]. And, based on this unfounded and conclusory allegations, NMC proceeds to make unwarranted deductions and totally unreasonable inferences,” Nicholas said.
The federal court, according to the lawyer, “need not waste its time attempting to make sense of NMC’s allegations much less accept them as being true.”
Fernandez sued NMC regents Janet King, Paz Younis, Frank Rabauliman and Andrew Orsini for violation of action under the color of law and conspiracy, while the college and 10 Does were sued for wrongful termination and breach of contract.
NMC through attorney Michael Dotts countersued Fernandez for breach of contract and breach of fiduciary duty. NMC wants a jury trial.
The NMC regents named in the lawsuit fired Fernandez in April 2010.
