Postoli v. Boston Land Company Services, Inc.

Filing 11

ORDER to clarify whether complaint is brought under state law or under both state and federal law. Signed by Judge Stefan R. Underhill on 10/6/2014.(Pollack, R.)

UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
MARIETA POSTOLI,
Plaintiff,
v.
No. 3:14-cv-1225 (SRU)
BOSTON LAND COMPANY SERVICES,
INC.,
Defendant.
ORDER
The court has reviewed plaintiff Marieta Postoli’s complaint (doc. 1) to determine the
basis for federal subject matter jurisdiction. The parties do not assert that diversity is a basis for
jurisdiction. The case was removed solely on the basis of federal question jurisdiction, but from
the face of the complaint, it is not clear whether that jurisdiction exists.
Postoli alleges that the defendant violated the Connecticut Fair Employment Practices
Act and Connecticut tort law in connection with her termination as the defendant’s employee.
She previously filed a charge of discrimination with the Commission on Human Rights and
Opportunities and with the Equal Employment Opportunities Commission, and she includes a
copy of the charge as Exhibit 1 to her complaint. Although the earlier administrative complaint
is based in part on Title VII of the Civil Rights Act of 1964, it is not clear from the face of the
complaint that she is pursuing that federal claim in court. If her complaint does not rely upon
Title VII, then none of Postoli’s claims rely upon federal law, and her complaint does not satisfy
federal question jurisdiction under 28 U.S.C. § 1331.
Accordingly, Postoli is hereby ORDERED to file a statement clarifying whether she is
bringing her complaint under state law or under both state and federal law. Postoli shall submit
any response to this order by October 27, 2014.

It is so ordered.
Dated at Bridgeport, Connecticut, this 6th day of October 2014.

/s/ STEFAN R. UNDERHILL
Stefan R. Underhill
United States District Judge