Shetty v. Cisco Systems
Filing
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ORDER by Judge Haywood S. Gilliam, Jr. DENYING 13 MOTION TO PROCEED IN FORMA PAUPERIS AND DISMISSING COMPLAINT FOR FAILURE TO STATE A CLAIM (denying as moot docket nos.: 15 , 16 , 17 , 19 , 20 ). Amended Pleadings due by 5/8/2017.. (Attachments: # 1 Certificate/Proof of Service)(ndrS, COURT STAFF) (Filed on 4/10/2017)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SHRUTI SHETTY,
Plaintiff,
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v.
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CISCO SYSTEMS,
Defendant.
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United States District Court
Northern District of California
Case No.16-cv-06012-HSG
ORDER DENYING MOTION TO
PROCEED IN FORMA PAUPERIS AND
DISMISSING COMPLAINT FOR
FAILURE TO STATE A CLAIM
Re: Dkt. No. 13
Plaintiff Shruti Shetty, representing herself, has filed a complaint against Cisco Systems,
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purportedly brought under Title VII of the Civil Rights Act of 1964 for employment
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discrimination. Plaintiff seeks leave to proceed in forma pauperis. Dkt. No. 13.
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I.
INTRODUCTION
The Court may authorize the commencement of a civil action in forma pauperis if it is
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satisfied that the would-be plaintiff cannot pay the filing fees necessary to pursue the action and
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that her action is not frivolous or malicious. 28 U.S.C. § 1915(a)(1); Escobedo v. Applebees, 787
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F.3d 1226, 1234 (9th Cir. 2015). Having reviewed Plaintiff’s application, the Court finds she is
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unable to pay the full amount of fees, costs or give security. Escobedo, 787 F.3d at 1234 (“An
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affidavit in support of an IFP application is sufficient where it alleges that the affiant cannot pay
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the court costs and still afford the necessities of life.”). Nevertheless, the Court finds that the
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action is frivolous and accordingly DENIES the motion to proceed in forma pauperis.
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II.
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LEGAL STANDARD
Section 1915(e)(2) mandates that the Court review an in forma pauperis complaint before
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directing the United States Marshal to serve the complaint. Escobedo, 787 F.3d at 1234 & n.8.
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The Court must dismiss a complaint if it fails to state a claim upon which relief can be granted.
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Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir. 1998).
“The standard for determining whether a plaintiff has failed to state a claim upon which
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relief can be granted under § 1915(e)(2)(B)(ii) is the same as the Federal Rule of Civil Procedure
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12(b)(6) standard for failure to state a claim.” Watison v. Carter, 668 F.3d 1108, 1112 (9th Cir.
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2012) (citing Lopez v. Smith, 203 F.3d 1122, 1127–31 (9th Cir. 2000)). The complaint must
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include a “short and plain statement,” Fed. R. Civ. P. 8(a)(2), and “sufficient factual matter,
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accepted as true, to state a claim to relief that is plausible on its face.” Ashcroft v. Iqbal, 556 U.S.
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662, 678 (2009) (quotation omitted). Plaintiff must provide the grounds that entitle her to relief.
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Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007). Because Plaintiff is pro se, the Court
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construes her pleadings liberally and affords her the benefit of any doubt. Karim–Panahi v. Los
Angeles Police Dep’t, 839 F.2d 621, 623 (9th Cir. 1988); cf. Fed. R. Civ. P. 8(e) (“Pleadings must
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United States District Court
Northern District of California
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be construed so as to do justice.”). The Court is not, however, required to accept as true
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allegations that are merely conclusory, unwarranted deductions of fact, or unreasonable inferences.
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Sprewell v. Golden State Warriors, 266 F.3d 979, 988 (9th Cir. 2001).
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III.
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ANALYSIS
As presently drafted, the complaint is difficult to follow and fails to set forth any facts that
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would support a cognizable claim. Plaintiff provides twenty, single-spaced pages of ambiguous
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grievances, but does not identify the claims she is asserting. Another serious problem is that she
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does not identify the specific actor or actors responsible. She cites various conduct inconsistently
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attributed to foreign government entities, private actors, and Defendant Cisco Systems. As such,
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the complaint violates Rule 8’s directive that “[e]ach allegation [] be simple, concise, and direct.”
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Fed. R. Civ. P. 8(d)(1).
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From what the Court can discern, Plaintiff seems to allege that Cisco Systems stole her
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intellectual property, erroneously withheld a month’s pay following her resignation, and facilitated
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both the physical injury and reputational damage she has suffered over the past two years. While
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the complaint alleges “employment discrimination,” it is not clear if, or when, Plaintiff alleges she
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was employed by Cisco. Plaintiff also alleges that Cisco’s actions were motivated by her “ethnic
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roots, race, and [] gender.” Dkt. No. 1 at 17. But there is no fact alleged in the complaint that
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plausibly reflects discriminatory motive or otherwise suggests that Cisco attacked her because of
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her nationality, ethnicity, race, or gender. Even liberally construed, Plaintiff’s assertion is
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conclusory and speculative, and insufficient to state a claim on which relief can be granted.
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“Although a pro se litigant . . . may be entitled to great leeway when the court construes [her]
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pleadings, those pleadings nonetheless must meet some minimum threshold in providing a
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defendant with notice of what it is that it allegedly did wrong.” Brazil v. United States Dep’t of
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Navy, 66 F.3d 193, 199 (9th Cir. 1995). The Court finds that Plaintiff has failed to meet that
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minimum threshold and accordingly DENIES her request for leave to proceed in forma pauperis
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and DISMISSES her complaint.
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IV.
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CONCLUSION
Despite these deficiencies, the Court cannot say at this stage that amending the complaint
United States District Court
Northern District of California
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would be futile. See Lucas v. Dep’t of Corr., 66 F.3d 245, 248 (9th Cir. 1995) (“[A] pro se
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litigant is entitled to notice of the complaint’s deficiencies and an opportunity to amend prior to
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dismissal of the action.”). Plaintiff may still be able to allege sufficient facts to state a claim.
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Lopez, 203 F.3d at 1130. Plaintiff shall file an amended complaint by no later than May 8, 2017.
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In the amended complaint, Plaintiff should clearly identify: (1) each legal claim; (2) the facts
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supporting each claim; and (3) the defendant against whom the claim is alleged. Plaintiff does not
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need to re-file a financial affidavit with her amended complaint, because the Court has already
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found that she has established her inability to pay the filing fees. But failure to file an amended
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complaint by this deadline may result in the dismissal of the action in its entirety without further
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leave to amend. In addition, Plaintiff’s amended complaint will be dismissed if she does not
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correct the deficiencies the Court has identified in this order.
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The Court further finds that Plaintiff’s other pending motions are DENIED as moot.
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IT IS SO ORDERED.
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Dated: 4/10/2017
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HAYWOOD S. GILLIAM, JR.
United States District Judge
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