Rowe v. Maricopa County Library District
Filing
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ORDER granting 8 Defendant's Motion to Dismiss. Signed by Judge Frederick J Martone on 6/10/11.(DMT)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE DISTRICT OF ARIZONA
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Anne Rowe,
Plaintiff,
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vs.
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Maricopa County Library District,
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Defendant.
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No. CV-11-0157-PHX-FJM
ORDER
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The court has before it defendant’s motion to dismiss (doc. 8). Plaintiff did not
respond to the motion and the time for doing so has expired. See LRCiv 7.2(c).
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Plaintiff filed this pro se complaint asserting that she was discharged from her
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employment with the Maricopa County Library District while she was on medical leave.
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While the complaint does not identify the legal basis for her claim, it does reference the
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charge of discrimination filed with the Equal Employment Opportunity Commission
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(“EEOC”), which asserted a claim under the Americans with Disabilities Act (“ADA”). See
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Response, ex. A.
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Defendant moves to dismiss the complaint for failure to state a claim upon which
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relief can be granted, for failing to assert the basis for this court’s jurisdiction, and for failing
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to file a timely charge with the EEOC. We agree that plaintiff’s complaint fails to satisfy the
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pleading standards set forth in Rule 8(a), Fed. R. Civ. P., and dismiss the complaint on this
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basis. We also agree that her failure to file a timely administrative charge of discrimination
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bars this action.
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Plaintiff alleges that she was terminated from employment on September 2, 2009. She
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filed a charge of discrimination with the Civil Rights Division of the Arizona Attorney
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General’s Office and the EEOC on October 28, 2010, 421 days after her discharge, asserting
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a claim under the ADA. Motion, ex. A. The timely filing of a charge with the EEOC or state
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agency is a prerequisite to asserting a claim under the ADA. 42 U.S.C. § 12117(a). Plaintiff
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was required to file her charge of discrimination within 300 days of the challenged
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employment practice–in this case, her termination. See 42 U.S.C. § 2000e-5(e)(1). Because
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plaintiff did not file her claim within 300 days of her discharge, her claim is time-barred.
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National R.R. Passenger Corp. v. Morgan, 536 U.S. 101, 109, 122 S. Ct. 2061, 2070 (2002).
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Accordingly, IT IS ORDERED GRANTING defendant’s motion to dismiss (doc.
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8). The clerk shall enter final judgment.
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We urge plaintiff to seek the advice of counsel. If she does not have a lawyer, she
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may wish to call the Lawyer Referral Service of the Maricopa Bar Association at 602-257-
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4434.
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DATED this 10th day of June, 2011.
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