Froby v. Clark County School District et al

Filing 23

ORDER Granting 15 Defendant's Motion to Dismiss. Plaintiffs 1 complaint is DISMISSED in its entirety. IT IS FURTHER ORDERED that Plaintiff Margaret Froby shall have 30 days from entry of this order to file an amended complaint. Signed by Judge Larry R. Hicks on 05/13/2013. (Copies have been distributed pursuant to the NEF - AC)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 *** ) ) ) ) ) ) ) ) ) ) ) ) 9 MARGARET FROBY, 10 Plaintiff, 11 v. 12 CLARK COUNTY SCHOOL DISTRICT; et al., 13 Defendants. 14 15 2:12-cv-1789-LRH-PAL ORDER Before the court is defendant Clark County School District’s (“CCSD”) motion to dismiss 16 or, in the alternative, motion for a more definite statement. Doc. #15.1 Plaintiff Margaret Froby 17 (“Froby”) filed an opposition and request to amend (Doc. #18) to which CCSD replied (Doc. #19). 18 I. 19 Facts and Procedural History Plaintiff Froby, an employee of CCSD, was the principal for inmate classes at the Florence 20 McClure Women’s Correctional Center. While working at the correctional center, Froby alleges 21 that she was exposed to a hostile working environment. 22 Subsequently, Froby filed a Title VII complaint against CCSD. Doc. #1. Thereafter, CCSD 23 filed the present motion to dismiss. Doc. #15. 24 /// 25 26 1 Refers to the court’s docket number. 1 2 II. Discussion In its motion, CCSD contends that Froby has failed to allege a single cause of action upon 3 which relief can be granted because she has failed to sufficiently plead the underlying constitutional 4 violations and failed to allege key elements of the other claims. See Doc. #15. The court has 5 reviewed the documents and pleadings on file in this matter and agrees that the complaint fails to 6 sufficiently allege a single cause of action upon which relief can be granted. In her complaint, 7 Froby sets out the base elements of her claims but fails to allege how CCSD’s actions, if any, 8 contributed to the violations she puts forth. Therefore, the court shall grant CCSD’s motion to 9 dismiss. However, because Froby has requested leave to amend her complaint, and the court finds 10 that CCSD would not be prejudiced by amendment, the court shall grant her leave to file an 11 amended complaint. 12 13 14 15 16 17 IT IS THEREFORE ORDERED that defendant’s motion to dismiss (Doc. #15) is GRANTED. Plaintiff’s complaint (Doc. #1) is DISMISSED in its entirety. IT IS FURTHER ORDERED that plaintiff Margaret Froby shall have thirty (30) days from entry of this order to file an amended complaint. DATED this 13th day of May, 2013. 18 19 20 __________________________________ LARRY R. HICKS UNITED STATES DISTRICT JUDGE 21 22 23 24 25 26 2

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