Karen Suber, a former lead transactional attorney for VVP Services LLC, initially sued the company, three affiliated businesses, Amit Raizada, and Stratton Sclavos in the Southern District of New York. Suber alleged discriminatory and abusive behavior, exclusion from meetings, being prohibited from direct contact with crucial clients of color, and the use of a racial slur by Raizada following her resignation. The New York federal courtdismissed the lawsuit due to lack of personal jurisdiction since the alleged misconduct wasn’t primarily connected to the state.
After the Second Circuit upheld the lower court’s decision, Suber filed a petition for certiorari with the US Supreme Court, which remains pending. Following this, she filed the lawsuit in the US District Court for the Central District of California, which the defendants moved to dismiss based on the grounds of being improperly duplicative, time-barred, and inadequately pled. This was according to anopinion docketed by Judge Sherilyn Peace Garnett.
The court ruled that many of Suber’s claims were timely due to equitable tolling, with the court rejecting the defendants’ argument that tolling didn’t apply to those claims because Suber acted in bad faith. Most of Suber’s claims, however, were dismissed, albeit without prejudice. A defamation claim against Sclavos, and fraud in the inducement, intentional misrepresentation, negligent misrepresentation, and intentional misrepresentation by promissory fraud claims against Raizada, remain.
In regards to Suber’s dismissed claims, she was given the opportunity to attempt to show a basis for tolling. Suber represented herself while the defendants were represented by Aim Law Group PC and Venable LLP. Full proceeding details can be found underSuber v. VVP Serv. LLC, C.D. Cal., No. 23-cv-02932, 10/25/23.