8 They all seek dismissal of only one of Musin’s claims: that his demotion and 12 firing violated the anti-retaliation provision of the Sarbanes-Oxley Act, 18 U.S.C.
7 After the defendants 10 moved to dismiss, Musin amended his complaint, which all three defendants now separately 11 move to dismiss. 6 8 After filing a complaint with the Secretary of Labor, Musin filed this lawsuit, raising 9 seven causes of action running the gamut from breach of contract to fraud. 4 5 When Musin brought his concerns about Martinez’s behavior to MSTS’s legal department, 6 Musin was removed from the CFO position, reassigned to a cubicle in the human-resources 7 department, and given no new work. 3 3 Musin alleges that over the course of his time at MSTS, he witnessed multiple actions by 4 Martinez, MSTS’s President, that he believed would lead to violations of federal securities laws.
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2 Musin opted to become an MSTS employee in 2 late 2017. 1 employee or become an employee of MSTS. 1 After he was hired, Musin was given the option to continue as a Honeywell 22 23 1 ECF No. 17 Background 18 Musin alleges that he was recruited by Honeywell to be the Chief Financial Officer for 19 MSTS, which Honeywell and its joint venturers-two companies that are not party to this suit- 20 formed to operate the Nevada National Security Site under a contract with the U.S. And because Musin was not employed by 15 Honeywell at the time of his demotion and termination, I dismiss the retaliation claim against 16 Honeywell. 13 Because MSTS is not a public company and is not otherwise covered under the Sarbanes-Oxley 14 Act, I dismiss this claim against MSTS and Martinez. The defendants 12 each separately move to dismiss Musin’s retaliation claim under the Sarbanes-Oxley Act. Among other things, Musin alleges that he was demoted and fired after 11 internally reporting what he believed were violations of federal securities laws. 7 Defendants 8 Plaintiff Stephen Musin sues his former employer, Mission Support and Test Services, 9 LLC (MSTS), MSTS’s president Mark Martinez, and Honeywell International, Inc., a minority 10 owner of MSTS. 44 1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 Stephen Musin, 4 Case No.: 2:19-cv-02058-JAD-NJK Plaintiff Order Granting Defendants’ Motions to Dismiss Sarbanes-Oxley Claim with Limited Leave to Amend 5 v. “I talked to them at the career fair there and applied online.Musin v. I hope to be a part of that someday!”Ĭhipman met representatives from MSTS while completing his Bachelor of Science degree in Applied Physics at Brigham Young University. It’s inspirational to work with other scientists who have spent their lives adding to the pool of scientific knowledge. “One of the coolest things I’ve been able to do so far is collaborating with scientists from Lawrence Livermore National Lab, Los Alamos National Lab, and MSTS ,” Chipman said, “My projects include working on data from various labs and experiments. Having solid experience in the field and labs should help prepare me to work as a scientist in the future.”
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I hope to work for national laboratories supporting the nation’s national security missions. We asked Chipman how this internship is preparing him for success at Boise State and after graduation, he said “I find having real-world, experimental and computational experience to be highly motivating and applicable to my studies at BSU and for my future after graduation. The site at NNSS is managed by Mission Support and Test Services, LLC (MSTS) and located in Northern Las Vegas.ĭamyn and the SPAM group are currently working on data analysis for diagnostic equipment that will be used for future experiments. student with an emphasis in Computational Science and Engineering, will be working as an Associate In Science with the Signal Processing and Applied Mathematics (SPAM) group at the Nevada National Security Site ( NNSS ). For the second summer in a row Damyn Chipman, a Computing Ph.D.