Reppucci v. Boston Medical Center
| Linda Reppucci |
| Boston Medical Center |
| 1:2022cv12105 |
| December 12, 2022 |
| US District Court for the District of Massachusetts |
| Richard G Stearns |
| Civil Rights: Jobs |
| 28 U.S.C. ยง 1331 Fed. Question: Employment Discrimination |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on March 21, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 10 Judge Richard G. Stearns: ORDER entered. Order of Dismissal. (Pacho, Arnold) |
| Filing 9 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #6 Motion to Dismiss. Defendant moves to dismiss on statute of limitations grounds. For the following reasons, the court will allow the motion.Plaintiff does not dispute that she failed to comply with the 300-day statute of limitations period. However, she suggests that she is entitled to equitable tolling of the deadline because (1) there is no prejudice to defendant from the delay; and (2) she acted diligently in initiating the filing process. The court does not agree.As to the first argument, plaintiff contends that defendant was not prejudiced because she only missed the filing deadline by 29 days and defendant "was aware of [p]laintiff's grievance in October 2021, having rejected her request for a religious exemption to its injection policy." Dkt # 8 at 2. But by her own account, defendant did not receive notice that she had initiated the filing process during the period between October of 2021 and September of 2022 -- it was only after the limitations period expired that defendant became aware she intended to pursue a discrimination claim. It is hard to imagine a more clear-cut case of prejudice.As to the second argument, plaintiff has not shown diligent pursuit of her rights. Although plaintiff filed her charge of discrimination in February of 2022 and made edits to that charge in April of 2022, she waited nearly five months to sign the "draft" that EEOC sent back to her on April 26, 2022 for her "review and signature." Id. at 5. She suggests that the court should excuse this delay because she reasonably believed that, "having made changes to the draft, she had done what was necessary to file the charge." Id. at 2. But she offers no basis to support the reasonableness of this belief. She does not assert, for example, that the April 26, 2022 communication from the EEOC implied that she had completed the filing process. She also does not argue that she did not, as a general principle, understand the concept that she needed to sign a charge of discrimination for it to be complete -- nor could she, as such an argument is belied by the fact that she did ultimately take this step in September of 2022 (seemingly on her own initiative, as there is no indication her act of signing was spurred by any communication from the EEOC or advice from counsel). (RGS, law3) |
| Filing 8 Opposition re #6 MOTION to Dismiss Plaintiff's Complaint filed by Linda Reppucci. (Vickery, Peter) |
| Filing 7 MEMORANDUM in Support re #6 MOTION to Dismiss Plaintiff's Complaint filed by Boston Medical Center. (Kessler, Jamie) |
| Filing 6 MOTION to Dismiss Plaintiff's Complaint by Boston Medical Center.(Kessler, Jamie) |
| Filing 5 NOTICE of Appearance by Jamie L. Kessler on behalf of Boston Medical Center (Kessler, Jamie) |
| Filing 4 WAIVER OF SERVICE Returned Executed by Linda Reppucci. Boston Medical Center waiver sent on 1/6/2023, answer due 3/7/2023. (Vickery, Peter) |
| Filing 3 Summons Issued as to Boston Medical Center. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (McManus, Caetlin) |
| Filing 2 ELECTRONIC NOTICE of Case Assignment. Judge Richard G. Stearns assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Donald L. Cabell. (Finn, Mary) |
| Filing 1 COMPLAINT against Boston Medical Center Filing fee: $ 402, receipt number AMADC-9626581 (Fee Status: Filing Fee paid), filed by Linda Reppucci. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Category Form, #5 Civil Cover Sheet)(Vickery, Peter) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Massachusetts District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
| Search for this case: Reppucci v. Boston Medical Center | |
|---|---|
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Web | [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ] |
| Plaintiff: Linda Reppucci | |
| Represented By: | Peter Vickery |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
| Defendant: Boston Medical Center | |
| Represented By: | Jamie L. Kessler |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
