Luebrecht v. Pike County R-3 School District et al

Filing 7

MEMORANDUM AND ORDER IT IS HEREBY ORDERED that the Clerk shall not issue process or cause process to issue upon the complaint at this time.IT IS FURTHER ORDERED that the Clerk shall send plaintiff a copy of theCourts form complaint titled Employment Discrimination Complaint. IT IS FURTHER ORDERED that, within thirty (30) days from the date of this Order, plaintiff shall submit to the Court a fully completed and signed amendedcomplaint, in accordance with this Memorandum and Order.IT IS FURTHER ORDERED that if plaintiff fails to comply with this Order,the Court will dismiss this action, without prejudice. Response to Court due by 2/25/2013. cc: form mailed to petitioner.. Signed by Magistrate Judge Nannette A. Baker on 1/25/13. (CLA)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
NORTHERN DIVISION

KRISTA FLOWERS LUEBRECHT,
Plaintiff,
v.
PIKE COUNTY R-3 SCHOOL
DISTRICT, et al.,
Defendants.

)
)
)
)
)
)
)
)
)
)

No. 2:12-CV-86-NAB

MEMORANDUM AND ORDER
This matter is before the Court upon review of plaintiff’s complaint [Doc. #1],
as well as her response to the Court’s January 4, 2013 Memorandum and Order [Doc.
#6].
Having carefully reviewed the complaint and plaintiff’s right-to-sue letters, it
now appears to the Court that plaintiff is bringing this action under Title I of the
American with Disabilities Act of 1990 ("ADA"),1 Title VII of the Civil Rights Act
of 1964, the Missouri Human Rights Act, Mo. Rev. St. § 213.010, et seq., and the

1

Although plaintiff does not specify under which
Title of the ADA she is bringing this action, the Court
will liberally construe the complaint under Title I,
given that the allegations involve discrimination by an
employer against an employee.

Family and Medical Leave Act, 29 U.S.C. § 2601, et seq. The complaint, however,
does not provide the Court with sufficient information to review plaintiff’s claims
under 28 U.S.C. § 1915(e)(2)(B). Specifically, plaintiff has failed to assert allegations
against each of the ten named defendants in this action, and she has failed to state the
essential facts of her claim as to each named defendant, describing the conduct that
she believes was discriminatory and how each defendant was involved in that conduct.

Because plaintiff is proceeding pro se, the Court will allow her time to file an
amended complaint in accordance with this Memorandum and Order. In the amended
complaint, plaintiff shall complete in its entirety the court-provided form titled
“Employment Discrimination Complaint.” In the "Caption" of the form complaint,
plaintiff shall set forth the name of each defendant she wishes to sue, and she shall
also state the capacity in which she is suing each individual defendant (i.e., individual
capacity, official capacity, and/or both individual and official capacities). If plaintiff
needs more space, she may attach additional sheets of paper to the amended complaint
and identify them as part of the "Caption."
In the "Statement of Claim" section of the amended complaint, plaintiff shall
start by typing the first defendant’s name, and under that name, she shall set forth in
separate numbered paragraphs the allegations supporting her claim(s) as to that
2

particular defendant. Plaintiff shall proceed in this manner with each of the named
defendants, separately setting forth each individual name and under that name, in
numbered paragraphs, the facts and allegations supporting her claim(s) as to that
particular defendant. The amended complaint must contain short and plain statements
showing that plaintiff is entitled to relief, the allegations must be simple, concise, and
direct, and the numbered paragraphs must each be limited to a single set of
circumstances. If plaintiff needs more space, she may attach additional sheets of
paper to the amended complaint and identify them as part of the "Statement of Claim."
Plaintiff shall sign the amended complaint.
Because the Court is allowing plaintiff to amend her complaint, it will take no
action as to the named defendants at this time. Plaintiff is advised that her amended
complaint will replace her original complaint and will be the only complaint this Court
reviews. The Court will not consider any claims that are not included in the amended
complaint, even if they were asserted in the earlier complaint.
In accordance with the foregoing,
IT IS HEREBY ORDERED that the Clerk shall not issue process or cause
process to issue upon the complaint at this time.
IT IS FURTHER ORDERED that the Clerk shall send plaintiff a copy of the
Court’s form complaint titled “Employment Discrimination Complaint.”
3

IT IS FURTHER ORDERED that, within thirty (30) days from the date of
this Order, plaintiff shall submit to the Court a fully completed and signed amended
complaint, in accordance with this Memorandum and Order.
IT IS FURTHER ORDERED that if plaintiff fails to comply with this Order,
the Court will dismiss this action, without prejudice.
Dated this 25th day of January, 2013.

/s/ Nannette A. Baker
NANNETTE A. BAKER
UNITED STATES MAGISTRATE JUDGE

4