Thompson v. General Linen Supply Company

Filing 5

ORDER re Defendant's 4 MOTION to Dismiss and Granting Plaintiff Leave to Amend. Signed by District Judge Matthew F. Leitman. (HMon)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
WALTER THOMPSON,
Plaintiff,

Case No. 17-cv-13739
Hon. Matthew F. Leitman

v.
GENERAL LINEN SUPPLY CO.,
Defendant.
_________________________________/
ORDER REGARDING DEFENDANT’S MOTION TO DISMISS (ECF #4)
AND GRANTING PLAINTIFF LEAVE TO AMEND
On November 16, 2017, Plaintiff Walter Thompson filed this action against
Defendant General Linen Supply Co. (See Compl., ECF #1.) Among other things,
Thompson alleges that General Linen retaliated against him in violation of Title VII
of the Civil Rights Act of 1964. (See id.)
On March 16, 2018, General Linen filed a motion to dismiss Thompson’s
Complaint under Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil
Procedure. (See ECF #4.) In the motion, General Linen argues that Thompson’s
Complaint does not plead sufficiently detailed or specific factual allegations and
therefore fails to state a plausible claim as required by the Supreme Court’s decision
in Ashcroft v. Iqbal, 556 U.S. 662 (2009). (See, Compl., ECF #4 at Pg. ID 52-53,
55.)

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Without expressing any view regarding the merits of General Linen’s motion,
the Court will grant Thompson the opportunity to remedy the purported pleading
defects by granting him leave to file an Amended Complaint. Any Amended
Complaint must be filed by no later than April 8, 2018, and must state a “plausible
claim for relief” by pleading specific factual allegations that, if true, would
“plausibly give rise to an entitlement to relief.” Iqbal, 556 U.S. at 680. If Thompson
timely files an Amended Complaint in compliance with this order, the Court will
deny without prejudice General Linen’s currently-pending motion to dismiss as
moot. In that event, General Linen shall answer or otherwise respond to the
Amended Complaint by no later than April 29, 2018.
IT IS SO ORDERED.
s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE
Dated: March 16, 2018

I hereby certify that a copy of the foregoing document was served upon the
parties and/or counsel of record on March 16, 2018, by electronic means and/or
ordinary mail.
s/Holly A. Monda
Case Manager
[phone]

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