WILLFORD v. AMAZON FULFLMENT et al
| VICKI VERNISE WILLFORD |
| AMAZON FULFILLMENT, ARON, RYAN, TIFFANY and AMANDA WHITNEY |
| 1:2018cv01679 |
| June 4, 2018 |
| US District Court for the Southern District of Indiana |
| Indianapolis Office |
| Debra McVicker Lynch |
| Jane Magnus-Stinson |
| Civil Rights: Other |
| 42 U.S.C. ยง 2000 e Job Discrimination (Employment) |
| Plaintiff |
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Filing
24
ORDER - This action arises out of the termination of Plaintiff Vicki Vernise Williford's employment with Amazon Fulfillment ("Amazon"). Ms. Williford, who proceeds pro se, initiated this lawsuit on June 4, 2018 against Amazon and se veral other employees (collectively, the "Individual Defendants"). She alleges that she was discriminated against on the basis of her race and age, and that she was retaliated against for complaining about workplace harassment. Presently pending before the Court is Defendants' Motion to Dismiss, pursuant to Federal Rule of Civil Procedure 12(b)(6). For the following reasons, the Court GRANTS IN PART and DENIES IN PART Defendants' Motion. Because the deficiencies in Ms. Williford's claims against the Individual Defendants cannot be cured through further pleading, the Court GRANTS WITH PREJUDICE Defendants' Motion to Dismiss Ms. Trujillo, Mr. Baker, Mr. Butcher, Ms. Couch, and Ms. Berggren as Defendants in this action, 18 . The Court directs the Clerk to terminate these Defendants as parties in this action. The Court DENIES Amazon's Motion, 18 , as to Ms. Williford's claims of race and age discrimination under Title VII and the ADEA. The Court GRANTS WITHOUT PREJUDICE Amazon's Motion, 18 , as to Ms. Williford's retaliation claim. Should Ms. Williford wish to pursue that claim, she must file an amended complaint within thirty (30) days of the issuance of this Order. Ms. Williford may only amend the portion of her Complaint pertaining to her retaliation claim. Should Ms. Williford choose not to file an amended complaint, the Court will dismiss with prejudice Ms. Williford's retaliation claim, and her law suit will proceed including only the claims alleging discrimination under Title VII and the ADEA. No partial final judgment will issue at this time. (SEE ORDER). Copy to plaintiff via US Mail. Signed by Judge Jane Magnus-Stinson on 11/13/2018. (APD)
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