Jackson v. Utility Workers of America, Local 640
Filing
9
MEMORANDUM AND ORDER OF DISMISSAL: IT IS HEREBY ORDERED that defendant's motion to dismiss 6 is granted only as follows: plaintiff's complaint is dismissed without prejudice for failing to state a claim under Fed. R. Civ. P. 12(b)(6). A separate Order of Dismissal is entered herewith. Signed by Sr. District Judge Catherine D. Perry on 10/25/2024. (ANR)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
LYNETTE JACKSON,
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Plaintiff,
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vs.
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UTILITY WORKERS OF AMERICA, )
LOCAL 640,
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Defendant.
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Case No. 4:24 CV 1298 CDP
MEMORANDUM AND ORDER OF DISMISSAL
This removed case is before me on defendant’s motion to dismiss, filed on
September 26, 2024. ECF 6. Plaintiff has not responded to this motion, and her
time for doing so has now expired. See E.D.Mo. L.R. 4.01(B). Accordingly, on
October 11, 2024, I issued a Memorandum and Order to Show Cause directing
plaintiff to show cause in writing why defendant’s motion to dismiss should not be
granted and warning her that failing to file a timely response to the Memorandum
and Order to Show Cause would result in the Court granting defendant’s motion
and dismissing this case without further notice by the Court. ECF 8. Plaintiff has
not responded to the Show Cause Order, and her time for doing so has now
expired.
I will grant defendant’s motion to dismiss plaintiff’s case for failing to state
a claim under Federal Rule of Civil Procedure 12(b)(6)1 as plaintiff’s complaint is
nothing more than a one-page list of phrases with no supporting factual allegations
whatsoever. ECF 5. As such, the Court is unable to discern the nature of
plaintiff’s claims or asserted basis for relief.
Accordingly,
IT IS HEREBY ORDERED that defendant’s motion to dismiss [6] is granted
only as follows: plaintiff’s complaint is dismissed without prejudice for failing to
state a claim under Fed. R. Civ. P. 12(b)(6).
A separate Order of Dismissal is entered herewith.
Dated this 25th day of October, 2024.
CATHERINE D. PERRY
UNITED STATES DISTRICT JUDGE
The purpose of a motion to dismiss under Rule 12(b)(6) is to test the legal sufficiency of the
complaint. When considering a 12(b)(6) motion, the court assumes the factual allegations of a
complaint are true and construes them in favor of the plaintiff. Neitzke v. Williams, 490 U.S.
319, 326–27 (1989). Rule 8(a)(2), Fed. R. Civ. P., provides that a complaint must contain “a
short and plain statement of the claim showing that the pleader is entitled to relief.” In Bell
Atlantic Corp. v. Twombly, the Supreme Court clarified that Rule 8(a)(2) requires complaints to
contain “more than labels and conclusions, and a formulaic recitation of the elements of a cause
of action.” 550 U.S. 544, 555 (2007); accord Ashcroft v. Iqbal, 556 U.S. 662, 678–79 (2009).
Specifically, to survive a motion to dismiss, a complaint must contain enough factual allegations,
accepted as true, to state a claim for relief “that is plausible on its face.” Twombly, 550 U.S. at
570. The issue in considering such a motion is not whether the plaintiff will ultimately prevail,
but whether the plaintiff is entitled to present evidence in support of the claim. See Neitzke, 490
U.S. at 327.
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