United States District Court, N.D. Texas, Fort Worth Division
MEMORANDUM OPINION AND ORDER
McBRYDE United States District Judge.
for consideration the motion of defendant, Colonial Savings
F.A., to partially dismiss plaintiff's first amended
complaint ("complaint") for failure to state a
claim upon which relief can be granted. Plaintiff, Joann
Brown, filed a response to which defendant replied. Having
considered the motion, the response, the reply, the amended
complaint, and applicable legal authorities, the court
concludes that defendant's motion should be granted.
a former employee of defendant, alleged that defendant
retaliated against her in violation of 12 U.S.C. § 5567
and 18 U.S.C. § 1514A after she alerted her supervisor
and other personnel of defendant to what she believed to be
defendant's untimely and backdated mailing of certain
notice letters to mortgage borrowers. Plaintiff described
defendant's alleged retaliation against her in the
RETALIATION AGAINST BROWN
70. Tim Neer and John Roden began mistreating Ms. Brown after
she complained about what she perceived to be a fraudulent
71. During regular meetings with Tim Neer, Mr. Neer verbally
abused Ms. Brown; he berated Ms. Brown and told her she was a
72. Despite being designated as an attendee to a leadership
training event, Colonial excluded Ms. Brown as punishment for
persisting to sound the alarm regarding Colonial's
73. Ms. Brown complained to Colonial about how Tim Neer
mistreated her. Colonial did not intervene.
74. On multiple occasions, Ms. Brown complained to Human
Resources about Tim Neer's behavior and actually labeled
it retaliation for her complaints.
75. Despite John Roden being Ms. Brown's immediate
supervisor, Tim Neer, John Roden's superior, singled Ms.
Brown out and drafted her performance review.
76. Tim Neer's performance review of Ms. Brown was
critical of Ms. Brown's performance despite evidence to
the contrary that Ms. Brown satisfactorily performed her job.
77. Tim Neer withheld this critical performance review from
Ms. Brown for several months.
78. Tim Neer would later backdate the performance review as a
means to falsify evidence to support Colonial's legal
79. Tim Neer ostracized Ms. Brown and at times would act as
if she did not exist.
80. Ms. Brown was presented with the negative performance
review in March 26, 2015 despite the performance review
purporting to be drafted Sunday, January [sic] 8,
81. Unlike prior years, Ms. Brown was not afforded the
opportunity to counter-sign or rebut the negative performance
82. Contemporaneous with her annual performance review, Tim
Neer presented Ms. Brown with a performance improvement plan
on March 26, 2015.
83. The design of this improvement plan was such that it was
vague and impossible for Ms. Brown to complete the ...