Kennedy v. Department of the Air Force
| Charles Kennedy |
| Department of the Air Force |
| 3:2008cv00296 |
| August 21, 2008 |
| US District Court for the Southern District of Ohio |
| Civil Rights: Other Office |
| GREENE |
| Walter H Rice |
| Plaintiff |
| U.S. Government Defendant |
| 28:1331 Fed. Question: Employment Discrimination |
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Filing
33
ORDER - At Plaintiff's request (Motion for Reconsideration, Doc. No. 25), the Magistrate Judge on May 15, 2009, granted Plaintiff leave to file an amended complaint, limited as follows: 1. "[O]mitting the First and Fourth Claims for Relief [in the original Complaint] and repleading the other claims to overcome, if he can, the deficiencies in the original Complaint." 2. "Plaintiff shall file his amended complaint not later than June 1, 2009." The most cursory examination of the first Amended Complaint (Doc. No. 28) reveals that it does not comply with the leave granted in that it contains many claims for relief not encompassed in the Complaint. Accordingly, the first Amended Complaint (Doc. No. 28) is STRICKEN. The second Amended Complaint is also STRICKEN. Defendant's Motion to Dismiss the first Amended Complaint (Doc. No. 29) is moot in light of the Court's having stricken that document. The Motion for Leave to File an Amended Complaint (Doc. No. 30) is denied. There are presently no pending motions in this case and the relevant pleading is Plaintiff's Complaint. Defendant shall file its Answer not later than August 15, 2009. Signed by Magistrate Judge Michael R Merz on 7/27/2009. (kopf1, )
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Filing
26
DECISION AND ORDER REGARDING MOTION FOR RECONSIDERATION - This case is before the Court on Plaintiff's Motion for Reconsideration (Doc. No. 25). Because there has been no judgment, the Order Adopting the Report and Recommendations amounts to an interlocutory ruling. In accordance with that ruling, Plaintiff should file an amended complaint omitting the First and Fourth Claims for Relief and re-pleading the other claims to overcome, if he can, the deficiencies in the original Complaint not later than June 1, 2009. Signed by Magistrate Judge Michael R Merz on 5/15/2009. (kopf1, )
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Filing
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ORDER ADOPTING REPORT AND RECOMMENDATIONS - Accordingly, it is hereby ORDERED that Plaintiff's First and Fourth Claims for Relief are dismissed without prejudice pursuant to Fed. R. Civ. P. 41; Plaintiffs hostile work environment claim is dismis sed for lack of subject matter jurisdiction, except for the parking lot incident; and, Plaintiffs retaliation claim is dismissed without prejudice for failure to state a claim upon which relief can be granted.. Signed by Judge Walter H Rice on 4/22/2009. (davisj1, )
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Filing
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REPORT AND RECOMMENDATIONS - It is recommended that: 1. Plaintiff's First and Fourth Claims for Relief be dismissed without prejudice pursuant to Fed. R. Civ. P. 41; 2. Plaintiff's hostile work environment claim be dismissed for lack of s ubject matter jurisdiction, except for the parking lot incident, unless Plaintiff files an amended complaint setting forth what acts or conduct were disclosed to the EEO investigator which Plaintiff claims constitute creation or maintenance of a host ile work environment; 3. Plaintiff's retaliation claim be dismissed without prejudice for failure to state a claim upon which relief unless Plaintiff files an amended complaint setting forth some claimed material adverse employment action. Objections to R&R due by 4/20/2009. Signed by Magistrate Judge Michael R Merz on 4/2/2009. (kopf1, )
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| Defendant: Department of the Air Force | |
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| Plaintiff: Charles Kennedy | |
| Represented By: | John Joseph Scaccia |
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