Radford v. Frontier Airlines

Filing 9

SECOND ORDER Directing Plaintiff to File Amended Complaint, by Magistrate Judge Boyd N. Boland on 4/22/2014. (slibi, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-03512-BNB
KRISTA RADFORD,
Plaintiff,
v.
FRONTIER AIRLINES,
Defendant.

SECOND ORDER DIRECTING PLAINTIFF TO FILE AMENDED COMPLAINT

Plaintiff, Krista Radford, resides in Aurora, Colorado. She filed pro se a
Complaint on December 30, 2013 (ECF No.1). Ms. Radford has been granted leave to
proceed pursuant to 28 U.S.C. § 1915.
On February 10, 2014, the Court reviewed the Complaint and found that it failed
to comply with Rule 8 of the Federal Rules of Civil Procedure. In the Complaint, Ms.
Radford makes a single conclusory assertion that Frontier Airlines discriminated against
her in violation of the Family Medical Leave Act (FMLA), at 29 U.S.C. §§ 2615(a).
Plaintiff does not provide any factual allegations to support her claim. Accordingly, the
Court directed Ms. Radford to file an amended complaint within thirty (30) days of the
February 10 Order that comports with Fed. R. Civ. P. 8. The Court warned Plaintiff in
the February 10 Order that failure to file an amended complaint by the court-ordered
deadline may result in dismissal of this action without further notice.
On March 12, 2014, the Court granted Plaintiff an extension of time to April 14,
2014 to file an amended pleading.

Ms. Radford did not file an amended complaint by the court-ordered deadline.
Nor has she communicated with the Court since March 10, 2014, when she filed a
Letter requesting an extension of time. Generally, a plaintiff may bring an action under
the FMLA not later than two years after the alleged violation. 29 U.S.C. § 2617(c)(1).
The time is extended to three years if the Plaintiff can show a wilful violation. 29 U.S.C.
§ 2617(c)(2). Plaintiff does not allege in the Complaint when the alleged FMLA
violation(s) occurred. If the Court dismisses this action, Ms. Radford may be timebarred from refiling it at a later date. Under these circumstances, the Court will allow
Plaintiff a final opportunity to file an amended complaint that provides notice of the
factual basis of her claim(s). See Nasious v. Two Unknown B.I.C.E. Agents, 492 F.3d
1158, 1163 (10th Cir. 2007). Plaintiff may attach a copy of the charge of discrimination
that she filed with the EEOC to satisfy the notice requirement. Accordingly, it is
ORDERED that Ms. Radford file, within thirty (30) days from the date of this
order, an amended complaint that provides notice of the factual basis of her FMLA
claim(s), and complies with the pleading requirements of Fed. R. Civ. P, as directed in
the February 10, 2014 Order. It is
FURTHER ORDERED that Ms. Radford shall obtain the appropriate courtapproved Complaint form, along with the applicable instructions, at
www.cod.uscourts.gov. It is
FURTHER ORDERED that the action may be dismissed without further notice if
Ms. Radford fails within the time allowed to file an amended complaint that complies
with this order.

2

DATED April 22, 2014, at Denver, Colorado.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

3