Smith v. Little Rock School District
Michelle Smith |
Little Rock School District |
4:2021cv00578 |
June 28, 2021 |
US District Court for the Eastern District of Arkansas |
Lee P Rudofsky |
Civil Rights: Jobs |
28 U.S.C. ยง 1441 |
Plaintiff |
Docket Report
This docket was last retrieved on January 21, 2022. A more recent docket listing may be available from PACER.
Document Text |
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Filing 9 (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting in part #3 Motion to Dismiss for Failure to State a Claim. Defendant is correct that the Title VII retaliation claim is out because it was not administratively exhausted. I do not read the Motion to Dismiss to request dismissal of the ACRA retaliation claim on exhaustion grounds. Defendant is correct that the allegations as currently pleaded are too conclusory to state a viable federal or state law claim of discrimination (including hostile-work-environment sexual harassment) or a viable state law retaliation claim. Instead of dismissing those claims at this time, however, I am going to give Plaintiff an opportunity to amend her complaint to add more specifics on those claims. Plaintiff should file an Amended complaint within 30 days of the date of this Order. If Plaintiff does not do so, I will dismiss the case. If Plaintiff does timely file an Amended Complaint, Defendant will then have 14 days to file a revised Motion to Dismiss. Signed by Judge Lee P. Rudofsky on 08/09/2021. (gvl) |
Filing 8 REPLY to Response to Motion re #3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Little Rock School District. (Heller, Christopher) |
Filing 7 (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting #6 Motion for Leave to File Reply in Support of Motion to Dismiss. Signed by Judge Lee P. Rudofsky on 8/5/2021. (hml) |
Filing 6 MOTION for Leave to File REPLY IN SUPPORT OF MOTION TO DISMISS by Little Rock School District (Attachments: #1 Document Proposed Reply in Support of Motion to Dismiss)(Heller, Christopher) |
Filing 5 RESPONSE to Motion re #3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Michelle Smith. (Botteicher, Dylan) |
Filing 4 BRIEF IN SUPPORT re #3 Motion to Dismiss for Failure to State a Claim filed by Little Rock School District. (Heller, Christopher) |
Filing 3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Little Rock School District (Heller, Christopher) |
Filing 2 COMPLAINT with Jury Demand against Little Rock School District filed by Michelle Smith.(ajt) |
Filing 1 NOTICE OF REMOVAL by Little Rock School District from Pulaski County Circuit Court, case number 60CV-21-3840. Fee $402 paid, receipt number LIT082675. (Attachments: #1 Civil Cover Sheet)(ajt) |
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Plaintiff: Michelle Smith | |
Represented By: | Dylan J. Botteicher |
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Defendant: Little Rock School District | |
Represented By: | Christopher J. Heller |
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