Allen v. Detroit Water and Sewerage Department

Filing 14

Order Construing Defendant's 13 "Statement of Defendant, Detroit Water and Sewerage Department in Advance of Status Conference" as a Motion to Dismiss and Directing Plaintiff to File a Response to the Motion within Twenty (20) Days. Signed by District Judge Avern Cohn. (SCha)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

MICHELE ALLEN,
Plaintiff,
vs.

Case No. 14-10694

DETROIT WATER & SEWAGE
DEPARTMENT,

HON. AVERN COHN

Defendant.
_______________________________/
ORDER CONSTRUING DEFENDANT’S “STATEMENT OF DEFENDANT, DETROIT
WATER AND SEWERAGE DEPARTMENT IN ADVANCE OF STATUS
CONFERENCE” (Doc. 13) AS A MOTION TO DISMISS
AND
DIRECTING PLAINTIFF TO FILE A RESPONSE TO THE MOTION WITHIN TWENTY
(20) DAYS

This is an employment discrimination case under Title VII. Plaintiff, proceeding
pro se, claims that she was discriminated against on the basis of her disability while
employed by defendant, the City of Detroit, Water and Sewerage Department between
July 2011 and October 2012.
At the time plaintiff filed her complaint on February 13, 2014, the City of Detroit
had filed a voluntary petition under Chapter 9 of the Bankruptcy Code. On March 3,
2014, defendant filed a Notice of Suggestion of Pendency of Bankruptcy because of the
City’s Bankruptcy. (Doc.8). On March 4, 2014, the Court entered an order staying and
administratively closing the case due to the City’s pending bankruptcy petition. (Doc. 9).

The City’s bankruptcy case has concluded. A status conference was scheduled
for January 22, 2015. (Doc. 11). It has been cancelled.
On January 12, 2015, defendant filed the instant Statement of Defendant, Detroit
Water and Sewerage Department, in Advance of Status Conference. (Doc. 13). In it,
defendant asks that the Court dismiss the case because it was filed in violation of the
automatic stay and any claim plaintiff may have had was discharged in bankruptcy. The
Court construes the filing as a motion to dismiss.
Accordingly, plaintiff shall file a response to the motion within twenty (20) days or
on or before February 9, 2015.
SO ORDERED.

S/Avern Cohn
AVERN COHN
UNITED STATES DISTRICT JUDGE

Dated: January 20, 2015
Detroit, MI
I hereby certify that a copy of the foregoing document was mailed to the attorneys of
record on this date, January 20, 2015, by electronic and/or ordinary mail.

S/Sakne Chami
Case Manager, [phone]

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