SCOTT v. ANTIC et al
| ANDREA SCOTT |
| LORI ANTIC, KATY PRESSEL, GLEN MASON, AMANDA PETERSON, JCPENNEY and PENNEY OPCO LLC |
| 1:2023cv01908 |
| October 24, 2023 |
| US District Court for the Southern District of Indiana |
| M Kendra Klump |
| Jane Magnus-Stinson |
| Civil Rights: Jobs |
| 42 U.S.C. ยง 2000 e Job Discrimination (Employment) |
| None |
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This docket was last retrieved on December 5, 2023. A more recent docket listing may be available from PACER.
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Filing 5
ENTRY PARTIALLY GRANTING MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS AND SCREENING COMPLAINT: Ms. Scott's Complaint will proceed, albeit conditionally. She shall have an opportunity to demonstrate that she timely exhausted her administrative remedies and that she is a member of a protected class. Specifically, Ms. Scott is ORDERED to file an Amended Complaint by January 4, 2024, that attaches the Notice of Right to Sue Letter associated with her timely EEOC Charge and adds details regarding whether she is a member of a protected class. Failure to do so in the time allotted will result in the dismissal of this case without prejudice. Defendants do not need to file a responsive pleading until Ms. Scott files an Amended Complaint. The Court, having considered the above action and the matters that are pending, makes the following rulings: 1. Plaintiff's Motion to Proceed In Forma Pauperis, #2 , is GRANTED IN PART; 2. Plaintiff is ORDERED to pay the filing fee on the following installment schedule: o $50 is due by January 2, 2024; o $100 is due by February 1, 2024; o $100 is due by March 1, 2024; o $100 is due by April 1, 2024. 3. Plaintiff is ORDERED to file any Amended Complaint by January 4, 2024 which attaches the Notice of Right to Sue Letter associated with her timely EEOC Charge, properly alleges that she is a member of a protected class, and otherwise corrects deficiencies identified in this entry. 4. The following claims shall proceed, but only if Ms. Scott files an Amended Complaint as instructed above: Against JCPenney/Penney OpCo LLC: retaliation under Title VII on the basis of sex/gender and race; and race discrimination under Title VII relating to discrimination in promotion practices. All other claims asserted in the Complaint are DISMISSED without prejudice. If Ms. Scott believes that additional claims were alleged in the Complaint, but not identified by the Court in this Entry, she shall have until January 4, 2024 to identify those claims. See Order. Signed by Judge Jane Magnus-Stinson on 12/5/2023. Copy sent to Plaintiff via US Mail. (LF)
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| Filing 4 Notice to File Rule 7.1 Disclosure Statement. (RAGS) (CCG) |
| Filing 3 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (CCG) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff ANDREA SCOTT. (CCG) |
| Filing 1 COMPLAINT against LORI ANTIC, JCPENNEY, GLEN MASON, PENNEY OPCO LLC, AMANDA PETERSON, KATY PRESSEL, filed by ANDREA SCOTT. (No fee paid with this filing) (Attachments: #1 Affidavit)(CCG) |
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