Barton et al v. Kees et al

Filing 17

ORDER denying 10 Motion to Dismiss for Failure to State a Claim; denying 13 Motion for Entry of Default. The Court directs the Clerk to put page seven under seal of docket entry 4 . Signed by Judge D. P. Marshall Jr. on 2/3/2015. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
JENNY BARTON; CHRISTIAN TAYLOR;
LIBBY WILHITE; and VERONICA THOMAS
v.

PLAINTIFFS

No. 3:14-cv-241-DPM

STAFFORD KEES and
STAFFORD KEES JR. 1

DEFENDANTS
ORDER

1. The motion to dismiss, NQ 10, is denied. Viewing the facts in a light

most favorable to the plaintiffs, the Court accepts their statement that they
each received the right-to-sue letter on 21 July 2014. NQ 14 at 1; Ritchie v. St.
Louis Jewish Light, 630 F.3d 713, 716 (8th Cir. 2011). Therefore, plaintiffs had

until 19 October 2014 to file their complaint. 42 U.S.C. § 2000e-5(f)(1);
Williams v. Little Rock Municipal Water Works, 21 F.3d 218,222 (8th Cir. 1994).

Their 17 October 2014 filing was thus timely.
2. It is unclear whether Kees argues that he can't be sued because the

plaintiffs' EEOC charge ran against Osceola HealthCare, Inc. See Winbush v.
State of Iowa By Glenwood State Hospital, 66 F.3d 1471,1478 n.9 (8th Cir. 1995).

1

Stafford Kees and Stafford Kees Jr. are the same person. NQ 11 & NQ
10 at 1. The Court directs the Clerk to correct the docket to so reflect. We'll
go with Stafford Kees Jr. as the sole defendant.

On this issue, Kees' s motion is denied without prejudice to a more focused
argument later.
3. The motion for Clerk's judgment, NQ 13, is denied. Plaintiffs are
incorrect about a date. Kees's filed his answer on 15 December 2014, exactly
twenty-one days after being served with the summons and complaint on 24
November 2014. His answer was timely.

FED.

R. CIV. P. 12(a)(1)(A).

4. There is some confidential information on page seven of NQ 4. The
Court directs the Clerk to put page seven under seal.

* * *
Motions, NQ 10 & 13, denied.
So Ordered.

D.P. MarshaH?fr.
United States District Judge

-2-