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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND ALICIA TAKACS, : : : : CIVIL NO. CCB-06-2343 : : : ...o0o... MEMORANDUM Alicia Takacs is suing Michele and Rosina Fiore1 ("the Fiores"), Fiore Winery, Inc. ("the Winery"), and getintegrated, Inc. ("Getintegrated") due to the sexual harassment she allegedly experienced while working at the Winery.2 Michele Fiore, an owner of the Winery and the alleged harasser, has moved to dismiss the intentional infliction of emotional distress ("IIED") claim against him, and the Winery has moved for dismissal of or summary judgment on the Title VII claim against it. Getintegrated, which describes itself as a "professional employer organization" ("PEO") that handles the Winery's human resources responsibilities, has also moved for dismissal of or summary judgment on the Title VII claim against it. The motions have been fully briefed, and pursuant to Local Rule 105.6, no hearing is necessary. For the reasons set forth below, the IIED claim against Mr. Fiore will be dismissed; summary judgment for Getintegrated will be granted; and a decision about the Title VII claim against the Winery

v. MICHELE FIORE, ET AL.

It appears that Ms. Fiore has been dismissed from the case because the only count in which she was individually named (count II under the Maryland Declaration of Rights) has been voluntarily dismissed. (Docket entry no. 27, November 20, 2006.) The parties refer to the case as Takacs v. Getintegrated, et al., however, it is listed in the court's records as Takacs v. Fiore, et al. 1
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will be reserved pending clarification of Ms. Takacs's position. BACKGROUND The plaintiff makes several tort claims (battery, intentional infliction of emotional distress, and false imprisonment) and a Title VII sexual harassment claim (hostile work environment resulting in a tangible employment action) based on incidents that occurred between the week of December 16, 2004 and May 22, 2005 when she worked as a salesroom manager at the Winery.3 The Winery is owned by Michele and Rosina Fiore, husband and wife, who also work there and supervise employees, including Ms. Takacs. Ms. Takacs alleges that Mr. Fiore sexually assaulted her on six separate occasions, despite her insistence each time that he stop. Specifically, she accuses Mr. Fiore of: (1) "grabbing her breasts and asking if they were real"; (2) "pushing her against a doorway in the office and forcing a kiss, and grabbing her crotch area and breasts"; (3) "grabbing her breasts"; (4) "putting his hand down her pants, forcing a kiss and touching her breasts"; (5) "grabbing her buttocks", and (6) "grabbing her buttocks [and] . . . stat[ing] words to the effect of `[t]hey are perfect'". (1st Am. Compl.4

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Maryland Law