WOOLCOCK v. MICHAELS ORGANIZATION LLC
| CHANNER WOOLCOCK |
| THE MICHAELS ORGANIZATION LLC and MICHAELS ORGANIZATION LLC |
| 1:2023cv01375 |
| May 15, 2023 |
| US District Court for the District of Columbia |
| Tanya S Chutkan |
| Civil Rights: Jobs |
| 42 U.S.C. § 2000 e Job Discrimination (Employment) |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 13, 2023. A more recent docket listing may be available from PACER.
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MINUTE ORDER: No later than August 4, 2023, Plaintiff shall file a Second Amended Complaint to include dates for alleged events, as well as the names of involved individuals. Signed by Judge Tanya S. Chutkan on 7/3/2023. (lcja)
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Set/Reset Deadlines: Second Amended Complaint due by 8/4/2023. (ztg)
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MINUTE ORDER: Defendant's #10 Motion to Dismiss is hereby DENIED without prejudice. A plaintiff need only provide a "short and plain statement of [her] claim showing that [she is] entitled to relief," Fed. R. Civ. P. 8(a)(2), that "give[s] the defendant fair notice of what the...claim is and the grounds upon which it rests." Erickson v. Pardus, 551 U.S. 89, 93 (2007) (per curiam) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007)) (internal quotation marks omitted). In this case, Plaintiff's discrimination claim includes allegations that she is a member of a protected class who suffered an adverse employment action under circumstances giving rise to an inference of discrimination. See, e.g., Massaquoi v. District of Columbia, 81 F.Supp.3d 44, 49 (D.D.C.2015) (quoting Rodriguez v. Donovan, 922 F.Supp.2d 11, 17 (D.D.C.2013)). She need not "plead every fact necessary to establish a prima facie case to survive a motion to dismiss." Jones v. Air Line Pilots Ass'n, Int'l, 642 F.3d 1100, 1104 (D.C.Cir.2011) (citing Swierkiewicz v. Sorema N.A., 534 U.S. 506, 508 (2002)). Still, she must "plead sufficient facts to show a plausible entitlement to relief," Rodriguez, 922 F.Supp.2d at 17, and she does so in this case. At this early stage, Plaintiff's Complaint sufficiently states a claim for discriminatory termination, and the claim thus survives defendant's motion to dismiss. See Jackson v. Gallaudet Univ., 169 F. Supp. 3d 1, 56 (D.D.C. 2016). Defendant's motion would have been more properly styled as a motion for more definite statement Federal Rule of Civil Procedure 12(e). Signed by Judge Tanya S. Chutkan on 7/3/2023. (lcja)
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NOTICE OF ERROR re #10 Motion to Dismiss; emailed to Roy.Lyford-Pike@jacksonlewis.com, cc'd 16 associated attorneys -- The PDF file you docketed contained errors: 1. Please note the following for future filings; do not refile document, 2. DO NOT REFILE. Counsel is reminded that log in and password should match signature page. (zjm, )
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Filing 10
MOTION to Dismiss Plaintiff's Amended Complaint by MICHAELS ORGANIZATION LLC. (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order)(Lyford-Pike, Roy)
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MINUTE ORDER: No later than 6/29/2023, Defendant shall either file (i) a response to Plaintiff's #9 Amended Complaint and withdraw its prior motion to dismiss, or (ii) a notice informing the court that it may treat the pending motion as being addressed to the Amended Complaint. See Fed. R. Civ. Pro. 15(a)(3) ("any required response to an amended pleading must be made within the time remaining to respond to the original pleading or within 14 days after service of the amended pleading, whichever is later."); Wright & Miller, 6 Fed. Prac. & Proc. Civ. 1476 (3d ed) (While "[a] pleading that has been amended under Rule 15(a) supersedes the pleading it modifies... defendants [are] not... required to file a new motion to dismiss simply because an amended pleading was introduced while their motion was pending. If some of the defects raised in the original motion remain in the new pleading, the court simply may consider the motion as being addressed to the amended pleading."). Signed by Judge Tanya S. Chutkan on 6/16/2023. (lcja)
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Filing 9
AMENDED COMPLAINT against MICHAELS ORGANIZATION LLC with Jury Demand filed by CHANNER WOOLCOCK.(Klimaski, James)
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Filing 8
RESPONSE re #5 Partial MOTION to Dismiss Plaintiff's Complaint filed by CHANNER WOOLCOCK. (Klimaski, James)
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Filing 7
LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by MICHAELS ORGANIZATION LLC (Lyford-Pike, Roy)
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Filing 6
COMPLAINT against MICHAELS ORGANIZATION LLC with Jury Demand <(Fee Status:Paid) filed by CHANNER WOOLCOCK.(Klimaski, James) Modified on 6/8/2023 to correct docket text (rj).
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Filing 5
Partial MOTION to Dismiss Plaintiff's Complaint by MICHAELS ORGANIZATION LLC. (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order)(Nieman, Matthew)
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MINUTE ORDER: By June 5, 2023, Plaintiff shall file a copy of the Complaint as a separate ECF entry. Signed by Judge Tanya S. Chutkan on 5/30/2023. (lcja)
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Set/Reset Deadlines/Hearings: Copy of the Complaint as a separate ECF entry due by 6/5/2023. (zcdw)
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Filing 4
NOTICE to Counsel/Party re #1 Notice of Removal, (Attachments: #1 Notice and Consent)(zrtw)
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Case Assigned to Judge Tanya S. Chutkan. (zrtw)
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Filing 3
NOTICE of Appearance by Roy Lyford-Pike on behalf of MICHAELS ORGANIZATION LLC (Lyford-Pike, Roy)
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Filing 2
ERRATA with Corrected Notice of Removal by MICHAELS ORGANIZATION LLC re Notice of QC- New Case,. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Nieman, Matthew)
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NOTICE OF ERROR re #1 Notice of Removal; emailed to matthew.nieman@jacksonlewis.com, cc'd 10 associated attorneys -- The PDF file you docketed contained errors: 1. Noncompliance with LCvR 5.1(c). Please file an errata correcting the initiating pleading to include the name & full residence address of each party using the event Errata., 2. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (zrtw, )
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RESOLVED...NOTICE of Provisional/Government Not Certified Status. |
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Filing 1
NOTICE OF REMOVAL from Superior Court of the District of Columbia, case number 2023-CAB-002205 Filing fee $ 402, receipt number ADCDC-10069294 filed by THE MICHAELS ORGANIZATION LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Civil Cover Sheet)(Nieman, Matthew)
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