Tejwani v. Sleepy's, LLC.

Filing 13

Judge Indira Talwani: ORDER entered granting in part and denying in part 5 Motion to Dismiss for Failure to State a Claim. See attached Order. (MacDonald, Gail)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
MEENA N. TEJWANI,
Plaintiff,
v.
SLEEPY’S LLC,
Defendants.

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Civil Action No. 15-cv-10822-IT

ORDER
May 4, 2015
TALWANI, D.J.
Plaintiff Meena N. Tejwani (“Tejwani”) filed a six-page, handwritten complaint in this
case. See Notice Removal, Ex. A [#1-1].1 The complaint appears to allege that Tejwani was
discriminated against, harassed, and/or wrongfully terminated from her employment with
Defendant Sleepy’s LLC (“Sleepy’s”). Id. However, Tejwani’s complaint fails to identify the
legal claims she seeks to bring, the factual basis for each claim, and the remedy sought for each
claim. At times, the handwritten complaint is also illegible. As such, Sleepy’s cannot
reasonably prepare a response to the complaint as written. See Fed. R. Civ. P. 12(e).
Accordingly, it is hereby ordered that:
1. Sleepy’s Motion to Dismiss or for More Definite Statement [#5] is ALLOWED
insofar as it seeks a more definite statement, but DENIED without prejudice insofar
as it seeks dismissal of the complaint.

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On March 19, 2015, Sleepy’s LLC filed a copy of the State Court Record [#7] that omits the
sixth page of Tejwani’s complaint. Accordingly, the court relies on the version of the complaint
filed with Sleepy’s Notice of Removal [#1].

2. By no later than May 29, 2015, Tejwani shall file an amended complaint that sets
forth, in numbered paragraphs: (1) each legal claim Tejwani seeks to bring against
Sleepy’s, (2) the factual basis for each claim, and (3) the remedy she seeks for each
claim. Failure to file an amended complaint may result in dismissal of this action.
IT IS SO ORDERED.
May 4, 2015

/s/ Indira Talwani
United States District Judge

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