Luderus v. U. S. Helicopters, Inc.

Filing 32

MEMORANDUM Opinion and Order. Signed by the Honorable James B. Zagel on 6/13/2013. (ep, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
KIMBERLY LUDERUS,
Plaintiff,
No. 12 CV 5094
Judge James B. Zagel

v.

U.S. HELICOPTERS, INC.,
Defendant.

MEMORANDUM OPINION AND ORDER
On February 25, 2013, I entered an order dismissing Plaintiff’s one-count Complaint for
gender discrimination and granting her leave to amend. The original Complaint was dismissed
because it did “not allege a single fact from which this Court [could] plausibly infer that
[Plaintiff] is entitled to relief.” Simply put, Plaintiff did not plead any facts to describe how she
was subject to gender discrimination. Rather, the complaint contained only a threadbare recital of
the basic elements of a Title VII claim. Plaintiff has now filed an Amended Complaint in which
she lists six male coemployees and alleges that they engaged in certain conduct for which they
were not terminated. This list is meaningless, however, because Plaintiff still fails to allege what
happened to her. I cannot plausibly infer gender discrimination because I have no facts by
which to compare Defendant’s treatment of Plaintiff to Defendant’s alleged treatment of
similarly situated male coemployees. This case is dismissed with prejudice.1

1

I cannot tell whether Plaintiff has no case and her counsel is doing his best to state a claim without violating Rule
11, or if Plaintiff has a case and her counsel’s performance has fallen below a basic level of competence. If it is the
latter, the Plaintiff may wish to pursue a malpractice claim.

ENTER:

James B. Zagel
United States District Judge

DATE: June 13, 2013