FORTNER v. RR DONNELLEY et al
||CATHY M. FORTNER
||TIM ELMORE, ERICA EPPARD and RR DONNELLEY
||April 15, 2013
||Indiana Southern District Court
||Mark J. Dinsmore
||William T. Lawrence
|Nature of Suit:
||Civil Rights: Jobs
|Cause of Action:
||42:2000e Job Discrimination (Employment)
|Jury Demanded By:
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|Date Filed||#||Document Text|
|July 29, 2013
ENTRY ON DEFENDANTS' MOTION TO DISMISS: For the foregoing reasons, the Defendants' motion to dismiss 5 is GRANTED. However, district courts routinely do not terminate a case at the same time that they grant a motion to dismiss; rather , they generally dismiss the plaintiff's complaint without prejudice and give the plaintiff at least one opportunity to amend her complaint. Foster v. DeLuca, 545 F.3d 582, 584 (7th Cir. 2008); see also Barry Aviation, Inc. v. Land O'Lake s Mun. Airport Comm'n, 377 F.3d 682, 687 (7th Cir. 2004) (better practice is to allow at least one amendment regardless of how unpromising the initial pleading appears). Such a result is appropriate here. Fortner shall have until September 3, 2 013, to file an amended complaint that does not include claims that are outside the scope of her EEOC charge. If she does not do so by that date, this case will be dismissed with prejudice ***SEE ENTRY FOR ADDITIONAL INFORMATION***. Signed by Judge William T. Lawrence on 7/29/2013.(DW)
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