Paige v. City of Farmington, No. 4:2020cv00320 - Document 24 (E.D. Mo. 2020)

Court Description: OPINION, MEMORANDUM AND ORDER (See Full Order) IT IS HEREBY ORDERED that, within thirty (30) days of the date of this Order, plaintiff shall file an amended complaint in accordance with the instructions set forth herein. IT IS FURTHER ORDERED that the Clerk of Court shall mail to plaintiff a blank Employment Discrimination Complaint form. IT IS FURTHER ORDERED that plaintiffs motion for continuance to submit motions [Doc. # 21 ] is DENIED without prejudice, as plaintiff has not indicated wh at motions she needs an extension of time to submit. If plaintiff fails to timely file an amended complaint in compliance with this Order, the Court will dismiss this action without prejudice and without further notice. (Amended/Supplemental Pleadings due by 4/27/2020.) Signed by District Judge Henry Edward Autrey on 3/27/20. (Attachments: # 1 Attachment)(EAB)
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Paige v. City of Farmington Doc. 24 Att. 1 Clear Form UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI DIVISION Plaintiff(s), v. Defendant(s). (Enter above the full name(s) of all defendants in this lawsuit. Please attach additional sheets if necessary.) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. __________________ (to be assigned by Clerk of District Court) JURY TRIAL DEMANDED YES NO EMPLOYMENT DISCRIMINATION COMPLAINT 1. This employment discrimination lawsuit is based on (check only those that apply): Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e, et seq., for employment discrimination on the basis of race, color, religion, gender, or national origin. NOTE: In order to bring suit in federal district court under Title VII, you must first obtain a right-to-sue letter from the Equal Employment Opportunity Commission. Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. §§ 621, et seq., for employment discrimination on the basis of age (age 40 or older). NOTE: In order to bring suit in federal district court under the Age Discrimination in Employment Act, you must first file charges with the Equal Employment Opportunity Commission. Americans with Disabilities Act of 1990, as amended, 42 U.S.C. §§ 12101, et seq., for employment discrimination on the basis of disability. NOTE: In order to bring suit in federal district court under the Americans with Disabilities Act, you must first obtain a right-to-sue letter from the Equal Employment Opportunity Commission. Dockets.Justia.com Rehabilitation Act of 1973, as amended, 29 U.S.C. §§ 701, et seq., for employment discrimination on the basis of a disability by an employer which constitutes a program or activity receiving federal financial assistance. NOTE: In order to bring suit in federal district court under the Rehabilitation Act of 1973, you must first file charges with the appropriate Equal Employment Office representative or agency. Other (Describe) PARTIES 2. Plaintiff’s name: Plaintiff’s address: Street address or P.O. Box City/ County/ State/Zip Code Area code and telephone number 3. Defendant’s name: Defendant’s address: Street address or P.O. Box City/County/State/ Zip Code Area code and telephone number NOTE: IF THERE ARE ADDITIONAL PLAINTIFFS OR DEFENDANTS, PLEASE PROVIDE THEIR NAMES, ADDRESSES AND TELEPHONE NUMBERS ON A SEPARATE SHEET OF PAPER. 2 4. If you are claiming that the discriminatory conduct occurred at a different location, please provide the following information: (Street Address) 5. (City/County) (State) (Zip Code) When did the discrimination occur? Please give the date or time period: ADMINISTRATIVE PROCEDURES 6. Did you file a charge of discrimination against the defendant(s) with the Missouri Commission on Human Rights? Yes Date filed: No 7. Did you file a charge of discrimination against the defendant(s) with the Equal Employment Opportunity Commission or other federal agency? Yes Date filed: No 8. Have you received a Notice of Right-to-Sue Letter? Yes No If yes, please attach a copy of the letter to this complaint. 9. If you are claiming age discrimination, check one of the following: 60 days or more have passed since I filed my charge of age discrimination with the Equal Employment Opportunity Commission. fewer than 60 days have passed since I filed my charge of age discrimination with the Equal Employment Opportunity Commission. 3 NATURE OF THE CASE 10. The conduct complained of in this lawsuit involves (check only those that apply): failure to hire me termination of my employment failure to promote me failure to accommodate my disability terms and conditions of my employment differ from those of similar employees retaliation harassment other conduct (specify): Did you complain about this same conduct in your charge of discrimination? Yes No 4 11. I believe that I was discriminated against because of my (check all that apply): race religion national origin color gender disability age (birth year is: ) other: Did you state the same reason(s) in your charge of discrimination? Yes No 12. State here, as briefly and clearly as possible, the essential facts of your claim. Describe specifically the conduct that you believe is discriminatory and describe how each defendant is involved in the conduct. Take time to organize your statement; you may use numbered paragraphs if you find it helpful. It is not necessary to make legal arguments, or to cite cases or statutes. (Continue to page 6, if additional space is needed.) 5 (Attach additional sheets as necessary). 6 13. The acts set forth in paragraph 12 of this complaint: are still being committed by the defendant. are no longer being committed by the defendant. may still be being committed by the defendant. REQUEST FOR RELIEF State briefly and exactly what you want the Court to do for you. Make no legal arguments; cite no cases or statutes. Under Federal Rule of Civil Procedure 11, by signing below, I certify to the best of 14. my knowledge, information, and belief that this complaint: (1) is not being presented for an improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation; (2) is supported by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law; (3) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery; and (4) the complaint otherwise complies with the requirements of Rule 7 I agree to provide the Clerk’s Office with any changes to my address where case-related papers may be served. I understand that my failure to keep a current address on file with the Clerk’s Office may result in the dismissal of my case. I declare under penalty of perjury that the foregoing is true and correct. Signed this ______ day of ________________________, 20______. Signature of Plaintiff ___________________________________ 8