Nix v. Electric Boat Corporation et al
| April Lynn Nix |
| General Dynamics Electric Boat and Electric Boat Corporation |
| 3:2018cv01712 |
| October 16, 2018 |
| US District Court for the District of Connecticut |
| Kari A Dooley |
| Sarah A L Merriam |
| Civil Rights: Jobs |
| 42 U.S.C. ยง 2000 |
| None |
Docket Report
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This docket was last retrieved on November 26, 2018. A more recent docket listing may be available from PACER.
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| Filing 13 NOTICE of change of phone number by April Lynn Nix. (Fanelle, N.) |
| USM 285 forms together with Notice of Lawsuit/Request for Waiver of Service, Complaint, OPTD, Order granting IFP reviewed and sent to USM for service on defendant(s). (Barry, Donna) |
| Filing 12 USM 285 forms together with Notice of Lawsuit/Request for Waiver of Service of Summons and all instructions mailed to IFP plaintiff to complete and return to Clerk's office. (Fazekas, J.) |
| Filing 11 ENTERED IN ERROR - ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Electric Boat Corporation, General Dynamics Electric Boat* with answer to complaint due within *21* days. *April Lynn Nix* *76 Mumford Avenue* *Groton, CT 06340* (Fazekas, J.) Modified on 11/8/2018 (Fazekas, J.). |
| Filing 10 NOTICE TO COUNSEL/SELF-REPRESENTED PARTIES : Counsel or self-represented parties initiating or removing this action are responsible for serving all parties with attached documents and copies of #3 MOTION to Appoint Counsel filed by April Lynn Nix, #6 Electronic Filing Order, #7 Notice re: Initial Discovery Protocols, #2 MOTION for Leave to Proceed in forma pauperis filed by April Lynn Nix, #5 Standing Protective Order, #1 Complaint filed by April Lynn Nix, #4 Order on Pretrial Deadlines Signed by Clerk on 11/8/2018.(Fazekas, J.) |
Filing 9
ORDER granting #2 Motion for Leave to Proceed in forma pauperis. Plaintiff has filed a motion seeking to proceed without payment of fees and costs, which motion includes a sworn statement as to plaintiff's current financial circumstances. See Doc. #2 . Plaintiff has completed the required information. See id. She asserts that, while she is employed, that her gross income of $4,900 per month does not cover her basic expenses. See generally id. at 2-5. Plaintiff does not own any real property, has no significant savings, and makes substantial payments each month toward outstanding debts. See id. At this stage, plaintiff's allegations are sufficient to establish that plaintiff is unable to pay the ordinary filing fees required by the Court. 28 U.S.C. 1915(a)(1). Accordingly, plaintiff's #2 Motion for Leave to Proceed in forma pauperis is GRANTED. Additionally, the Court has reviewed the #1 Complaint pursuant to 28 U.S.C. 1915(e)(2). The Court construes complaints filed by self-represented plaintiffs liberally. See Haines v. Kerner, 404 U.S. 519, 520 (1972); see also McLeod v. Jewish Guild for the Blind, 864 F.3d 154, 156 (2d. Cir. 2017) ("[W]e liberally construe pleadings and briefs submitted by pro se litigants, reading such submissions to raise the strongest arguments they suggest." (citation omitted)). Using such a liberal construction, the Court finds that plaintiff has alleged facts sufficient to permit the Complaint to proceed to service of process on the defendant. The Court construes the Complaint, at this early stage, as attempting to assert claims for discrimination based on plaintiff's race and/or color, specifically: (1) a hostile work environment claim; (2) a claim that plaintiff suffered adverse employment actions related to "required" and/or "mandatory" training, as well as the failure to assign plaintiff to "certain jobs when it was [her] turn[,]" Doc. #1 -1 at 2-3; and (3) a claim that plaintiff was retaliated against for making complaints regarding "unacceptable workplace conduct[,]" Doc. #1 -1 at 3. The Court offers no view at this stage as to whether the allegations of the Complaint would be sufficient to survive a motion filed pursuant to Rule 12(b). It is so ordered. Signed by Judge Sarah A. L. Merriam on 11/1/18. (Dowie, C)
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Filing 8
ORDER REFERRING CASE to Magistrate Judge Sarah A. L. Merriam for Ruling on #2 MOTION for Leave to Proceed in forma pauperis. Signed by Judge Kari A. Dooley on 10/30/218.Motion referred to Sarah A. L. Merriam(Gould, K.)
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| Filing 7 Notice re Initial Discovery Protocols Signed by Clerk on 10/16/2018. (Attachments: #1 Discovery Attachment)(Anastasio, F.) (Additional attachment(s) added on 11/8/2018: #2 Attachemnt) (Gould, K.). |
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Filing 6
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Kari A. Dooley on 10/16/2018.(Anastasio, F.)
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Filing 5
STANDING PROTECTIVE ORDER Signed by Judge Kari A. Dooley on 10/16/2018.(Anastasio, F.)
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Filing 4
Order on Pretrial Deadlines: Amended Pleadings due by 12/15/2018 Discovery due by 4/17/2019 Dispositive Motions due by 5/22/2019 Signed by Clerk on 10/16/2018.(Anastasio, F.)
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| Filing 3 MOTION to Appoint Counsel by April Lynn Nix. (Anastasio, F.) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by April Lynn Nix. (Anastasio, F.) |
| Filing 1 COMPLAINT against Electric Boat Corporation, General Dynamics Electric Boat, filed by April Lynn Nix. (Attachments: #1 Supplemental Complaint)(Anastasio, F.) |
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