Watson v. Whole Foods Market

Watson v. Whole Foods Market

Plaintiff:	Ebony Watson
Defendant:	Whole Foods Market
Case Number:	1:2017cv03865
Filed:	June 27, 2017
Court:	US District Court for the Eastern District of New York
Office:	Brooklyn Office
Presiding Judge:	Lois Bloom
Presiding Judge:	Pamela K. Chen
Nature of Suit:	Civil Rights: Jobs
Cause of Action:	28 U.S.C. § 1331 Fed. Question
Jury Demanded By:	None

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Date Filed	Document Text
October 26, 2017	Filing 4 ORDER: The Court directs that the Complaint, filed in forma pauperis, is dismissed, without prejudice, for failure to state a claim. 28 U.S.C. § 1915(e)(2)(B)(ii). In light of Plaintiff's pro se status, the Court grants her leave to file an amended complaint against Whole Foods within thirty (30) days from the entry of this Memorandum and Order, provided that Plaintiff has a good faith basis to proceed on her employment discrimination complaint. In the amended complaint, Plaint iff must provide facts to support a plausible claim that Defendant discriminated against her in violation of Title VII. She must also show that she has exhausted her remedies by filing a timely charge of discrimination with the EEOC based on the fact s presented in the amended complaint against Defendant. All further proceedings shall be stayed for 30 days. If Plaintiff elects to file an amended complaint, it shall be captioned AMENDED COMPLAINT and bear the same docket number as this Order, 17-C V-3865 (PKC) (LB). The amended complaint shall replace the original complaint. If Plaintiff fails to file an amended complaint within the time allowed, the Court will enter judgment dismissing this action. The Court will review the amended complaint for compliance with this Memorandum and Order and for sufficiency under 28 U.S.C. § 1915(e)(2)(B). The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of an appeal. Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Ordered by Judge Pamela K. Chen on 10/26/2017. (Rediker, Ezekiel)

Date Filed

Document Text

October 26, 2017

Filing 4 ORDER: The Court directs that the Complaint, filed in forma pauperis, is dismissed, without prejudice, for failure to state a claim. 28 U.S.C. § 1915(e)(2)(B)(ii). In light of Plaintiff's pro se status, the Court grants her leave to file an amended complaint against Whole Foods within thirty (30) days from the entry of this Memorandum and Order, provided that Plaintiff has a good faith basis to proceed on her employment discrimination complaint. In the amended complaint, Plaint iff must provide facts to support a plausible claim that Defendant discriminated against her in violation of Title VII. She must also show that she has exhausted her remedies by filing a timely charge of discrimination with the EEOC based on the fact s presented in the amended complaint against Defendant. All further proceedings shall be stayed for 30 days. If Plaintiff elects to file an amended complaint, it shall be captioned AMENDED COMPLAINT and bear the same docket number as this Order, 17-C V-3865 (PKC) (LB). The amended complaint shall replace the original complaint. If Plaintiff fails to file an amended complaint within the time allowed, the Court will enter judgment dismissing this action. The Court will review the amended complaint for compliance with this Memorandum and Order and for sufficiency under 28 U.S.C. § 1915(e)(2)(B). The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of an appeal. Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Ordered by Judge Pamela K. Chen on 10/26/2017. (Rediker, Ezekiel)

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Plaintiff: Ebony Watson
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Defendant: Whole Foods Market
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