McElroy v. Advocate Healthcare System Cordell

Justia Dockets & Filings Seventh Circuit Illinois Northern District McElroy v. Advocate Healthcare System Cordell

McElroy v. Advocate Healthcare System Cordell

Plaintiff:	Dora McElroy
Defendant:	Advocate Healthcare System Cordell
Case Number:	3:2017cv50270
Filed:	August 31, 2017
Court:	US District Court for the Northern District of Illinois
Office:	Rockford Office
County:	McHenry
Presiding Judge:	Iain D. Johnston
Presiding Judge:	Philip G. Reinhard
Nature of Suit:	Employment
Cause of Action:	42 U.S.C. § 2003
Jury Demanded By:	None

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Date Filed	Document Text
October 16, 2018	Filing 37 ORDER-WRITTEN Opinion entered by the Honorable Philip G. Reinhard on 10/16/2018:For the reasons stated below, defendant's motion 26 to dismiss plaintiff's complaint is granted in part and denied in part. The claim for retaliation based o n the rescinded June 23, 2017 corrective action is dismissed but otherwise the claims for retaliation survive. The ADA claims and the claims for harassment under Title VII and Section 1981 are dismissed without prejudice. The motion to dismiss is oth erwise denied. All other claims remain. Plaintiff is given leave to file an amended complaint on or before November 21, 2018. If she wishes to allege claims under the ADA she must identify her disability. If she wishes to allege an harassment claim u nder Section 1981, she must allege in what way she was harassed. If she wishes to allege an harassment claim under Title VII, she must allege in what way she was harassed and how those facts are so intertwined with the discrimination claims in her EEOC charge that she was relieved from having to explicitly identify harassment in her EEOC charge. [see STATEMENT-OPINION] Mailed notice (kms)

Date Filed

Document Text

October 16, 2018

Filing 37 ORDER-WRITTEN Opinion entered by the Honorable Philip G. Reinhard on 10/16/2018:For the reasons stated below, defendant's motion 26 to dismiss plaintiff's complaint is granted in part and denied in part. The claim for retaliation based o n the rescinded June 23, 2017 corrective action is dismissed but otherwise the claims for retaliation survive. The ADA claims and the claims for harassment under Title VII and Section 1981 are dismissed without prejudice. The motion to dismiss is oth erwise denied. All other claims remain. Plaintiff is given leave to file an amended complaint on or before November 21, 2018. If she wishes to allege claims under the ADA she must identify her disability. If she wishes to allege an harassment claim u nder Section 1981, she must allege in what way she was harassed. If she wishes to allege an harassment claim under Title VII, she must allege in what way she was harassed and how those facts are so intertwined with the discrimination claims in her EEOC charge that she was relieved from having to explicitly identify harassment in her EEOC charge. [see STATEMENT-OPINION] Mailed notice (kms)

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Plaintiff: Dora McElroy
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Defendant: Advocate Healthcare System Cordell
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