United States District Court, S.D. Alabama, Southern Division
ORDER
KRISTI
K. DUBOSE CHIEF UNITED STATES DISTRICT JUDGE
This
matter is before the Court on a sua sponte review of
the record.
On
February 28, 2019, pro se Plaintiff Marinda Lawrence
(Lawrence) filed a complaint against her former employer,
Defendant Oakwood NBI Center for Living (Oakwood), alleging
what appears to be a Title VII race discrimination claim and
violations of the Americans with Disabilities Act (ADA), the
Age Discrimination in Employment Act of 1967 (ADEA), the
Family Medical Leave Act (FMLA), and the Equal Pay Act (EPA),
in connection with Oakwood's termination of her
employment. (Doc. 1).[1] In response, on June 28, 2019, Oakwood
moved to dismiss per Federal Rule of Civil Procedure
12(b)(6) for failure to state a claim upon which relief can
be granted and for failure to comply with Rules 8 and 9 (that
Lawrence failed to allege facts that would establish the
essential elements of her claims). (Doc. 9). Briefing on the
motion was complete on August 1, 2019. (Docs. 11, 12).
The
Court finds that Oakwood's motion to dismiss is due to be
granted because: (1) Lawrence's complaint fails to state
a claim upon which relief can be granted per rule 12(b)(6);
and (2) for failure to prosecute because she did not amend
her complaint as ordered.
I.
Failure to State a Claim
Federal
Rule of Civil Procedure 12(b)(6) provides:
(b) How to Present Defenses. Every defense to a claim for
relief in any pleading must be asserted in the responsive
pleading if one is required. But a party may assert the
following defenses by motion:
*** (6) failure to state a claim upon which relief can be
granted; and
Oakwood
moves for failure to state a claim arguing that “[i]t
is impossible to discern from Plaintiff's complaint what
claims she is alleging.” (Doc. 9-1 at 1). Oakwood
alleges further that Lawrence's complaint is
“devoid… of any factual allegations supporting
or even related to…” her asserted claims.
(Id.).
On
October 3, 2019, the Magistrate Judge issued a Report and
Recommendation, recommending that Oakwood's motion to
dismiss be granted but that Lawrence be granted leave to file
an amended complaint. (Doc. 13). In so doing, the Magistrate
thoroughly discussed the deficiencies in Lawrence's
complaint supporting dismissal per rule 12(b)(6) for failure
to state a claim:
....First, the Court considers Plaintiff's Title VII
race-based discrimination claim. “Under Title VII, it
is unlawful for an employer to discharge or discriminate
against any individual on the basis of his race[.]”...
*** ...Here, Lawrence has not identified her race, let alone
alleged any facts that, if proven, would suggest that her
termination/demotion was related to her race. Although
Plaintiff lists Director of Nursing Cheri Powell as the
person who discriminated against her, she does not indicate
the race of the decision maker(s), nor offer any facts
suggesting a discriminatory animus. (Doc. 1 at 2). Thus,
Lawrence has failed to allege any facts that would support a
claim of racially motivated termination.
Second, with respect to her ADA claim, Lawrence alleges in
her complaint that Defendant Oakwood discriminated against
her due to her physical disability, but she provides no facts
in support of her assertion. However, in her response in
opposition to Defendant's motion, Lawrence indicates
that, while she was on medical leave, her position was
filled, and when she returned, she was offered a demotion. To
state a retaliation claim under the ADA, a plaintiff must
show that her employer discriminated against her for opposing
an act or practice made illegal under the ADA....
Plaintiff's complaint, as currently drafted, does not
contain facts sufficient to state an ADA claim; however, the
allegations listed in her response in opposition to
Defendant's motion to dismiss suggest that, if afforded
an opportunity to file an amended ...