Wright v. First Student, No. 0:2011cv02121 - Document 21 (D. Minn. 2012)
Court Description: MEMORANDUM OPINION AND ORDER granting [8, 11] Motion to Dismiss; denying as moot 15 Motion to Strike Pleading; Plaintiff's Complaint 1 is DISMISSED(Written Opinion). Signed by Judge Ann D. Montgomery on 07/26/2012. (TLU) (cc: Jerry A. Wright) Modified on 7/26/2012 (akl).
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UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Jerry A. Wright, Plaintiff, v. ORDER Civil No. 11-2121 ADM/AJB First Student, Inc., Defendant. ______________________________________________________________________________ Jerry A. Wright, pro se. Jeffrey A. Timmerman, Esq., and Stephanie D. Sarantopoulos, Esq., Littler Mendelson, PC, Minneapolis, MN on behalf of Defendant. ______________________________________________________________________________ On July 26, 2012, the undersigned United States District Judge heard oral argument on Defendant First Student, Inc. s Motion to Dismiss Plaintiff s Complaint [Docket No. 8], Amended Motion to Dismiss Plaintiff s Complaint [Docket No. 11], and Motion to Strike Plaintiff s Amended Complaint [Docket No. 15]. Plaintiff s Complaint was filed on July 28, 2011, but Defendants were not served until 280 days later on May 2, 2012. Additionally, Plaintiff s Complaint contained insufficient factual allegations regarding a discriminatory reason for his termination, thereby failing the Iqbal/Twombly standard and Federal Rule of Civil Procedure 12(b)(6). Finally, Plaintiff s Amended Complaint [Docket No. 14] was untimely and was unaccompanied by the procedurally required motion to amend. Even construing Plaintiff s pro se filings liberally, the extremely untimely service of process, the failure to adequately state a claim under Rule 12(b)(6), and the procedural deficiencies in his untimely Amended Complaint all warrant dismissal of Plaintiff s Complaint. Based upon all the files, records, and proceedings herein and for the reasons stated on the record at the conclusion of oral argument, IT IS HEREBY ORDERED that Defendant s Motion to Dismiss Plaintiff s Complaint [Docket No. 8] and Amended Motion to Dismiss Plaintiff s Complaint [Docket No. 11] are GRANTED, the Motion to Strike Plaintiff s Amended Complaint [Docket No. 15] is DENIED as moot, and Plaintiff Jerry A. Wright s Complaint [Docket No. 1] is DISMISSED. LET JUDGMENT BE ENTERED ACCORDINGLY. BY THE COURT: s/Ann D. Montgomery ANN D. MONTGOMERY U.S. DISTRICT JUDGE Dated: July 26, 2012. 2
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