Bender v. Whitney et al

Filing 14

ORDER for Plaintiff to amend her complaint within seven days from the date of this Order pursuant to 13 Order on Motion for Plaintiff to Amend/Correct her complaint. After filing the amended complaint, Plaintiff must serve the amended complaint on the Defendant in accordance with the Court's 9 Order. (Compliance due by 6/8/2018.) Signed by Magistrate Judge Brian K. Epps on 06/01/2018. (Attachment: # 1 Complaint for Employment Discrimination Form.) (jlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
AUGUSTA DIVISION
MARLIECIA BENDER,

)
)
Plaintiff,
)
)
v.
)
)
DONALD BRYAN WHITNEY; CASEY
)
COLLINS; THOMAS DAVID TABB;
)
EMILY FOSTER; SAMANTHA OVERTON; )
and URBAN OUTFITTERS, INC.,
)
)
Defendants.
)
_________

CV 118-054

ORDER
_________
On June 1, 2018, the Court granted Plaintiff’s motion to amend her complaint. (Doc.
no. 13.) Pursuant to the June 1st Order, Plaintiff shall have seven days from the date of this
Order to file a complete amended complaint as a stand-alone entry on the docket.1
The amended complaint must be printed legibly so that the Court may discern
Plaintiff’s claims, and it will supersede and replace in its entirety the previous pleading filed
by Plaintiff. See Hoefling v. City of Miami, 811 F.3d 1271, 1277 (11th Cir. 2016); Lowery
v. Ala. Power Co., 483 F.3d 1184, 1219 (11th Cir. 2007) (“an amended complaint supersedes
the initial complaint and becomes the operative pleading in the case”). It must contain a
caption that clearly identifies, by name, each individual that Plaintiff is suing in the present

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The Court DIRECTS the CLERK to attach to Plaintiff’s service copy of this Order the
appropriate form complaint, stamped with this case number, used in this District for employment
discrimination cases filed by pro se litigants.

lawsuit. Furthermore, the body of Plaintiff’s amended complaint must contain sequentially
numbered paragraphs containing only one act of misconduct per paragraph. The numbered
paragraphs in her amended complaint should include information such as: (i) the alleged act
of misconduct; (ii) the date on which such misconduct occurred; (iii) the names of each and
every individual who participated in such misconduct; and (iv) where appropriate, the
location where the alleged misconduct occurred.
While Plaintiff may attach exhibits to her amended complaint, she shall not
incorporate them by reference as a means of providing the factual basis for her complaint.
For example, Plaintiff should not simply state, “See attached documents.” Plaintiff must
name the individuals whom she seeks to include as Defendants herein in both the caption and
the body of her amended complaint; she may not rely on the fact that individuals are named
in the exhibits attached to her amended complaint as a means of including such persons as
defendants to this lawsuit. The Court will not independently examine exhibits that Plaintiff
does not specifically reference (by the exhibit’s page number) in her amended complaint.
Plaintiff is further cautioned that no portion of any prior pleading, either from this
case or any other case pending before a different court, shall be incorporated into her
amended complaint by reference.

Moreover, Plaintiff shall submit only one amended

complaint in accordance with the terms of this Order. Therefore, Plaintiff shall state in the
single amended complaint filed in accordance with the terms of this Order all claims that she
wishes the Court to consider as a basis for awarding the relief sought.
In accordance with her motion to amend, (doc. no. 11), Plaintiff should only list
Defendant Urban Outfitters, Inc., in the caption of the amended complaint. Upon the filing
of the amended complaint, the Clerk shall update the party names on the docket as indicated
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by the new caption. After filing the amended complaint, Plaintiff must then serve the
amended complaint on Defendant Urban Outfitters, Inc., in accordance with the Court’s
April 11, 2018 Order. (See doc. no. 9.)
SO ORDERED this 1st day of June, 2018, at Augusta, Georgia.

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