Justiz v. Virgin America Airlines

Filing 8

ORDER DISMISSING CASE without prejudice. Signed by Judge Jennifer A. Dorsey on 5/13/14. (Copies have been distributed pursuant to the NEF - EDS)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Wendy Justiz,

Case No.: 2:13-cv-145-JAD-GWF

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Plaintiff,

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v.

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Order Dismissing Action

Virgin American Airlines,

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Defendant.

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Plaintiff Wendy Justiz filed an application for leave to proceed in forma pauperis on

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January 28, 2013. Her complaint was dismissed without prejudice for failing to exhaust her

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administrative remedies, and she was instructed to file an amended complaint with her right-

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to-sue letter to cure that defect by May 14, 2013. See Doc. 2. Plaintiff instead filed an

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Addendum to Complaint (Doc. 5 - “Addendum”) on April 8, 2013, simply attaching her

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right-to-sue letter from the Equal Employment Opportunity Commission (“EEOC”). On the

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Addendum, she inquired whether the Addendum was sufficient in lieu of an amended

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complaint.

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Unfortunately, the Court did not perceive Plaintiff’s request and did not respond to her

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inquiry; when the Court caught the inquiry, it informed Justiz on March 17, 2014, that an

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amended complaint would be required and ordered Justiz to file a proper amended complaint

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by April 16, 2014, attaching her right-to-sue letter. Doc. 7. The Court indicated that it would

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grant the amended complaint nunc pro tunc to the date of the initial filing if Justiz filed it by
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April 16, 2014. See id. Justiz has not filed an amended complaint; in fact, she has not filed

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anything in this case in more than a year.

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As Plaintiff has been twice ordered to file an amended complaint to revive her

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already-dismissed claims and she has failed to do so, it is HEREBY ORDERED that this

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case is dismissed without prejudice.

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DATED: May 13, 2014.

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_________________________________
JENNIFER A. DORSEY
UNITED STATES DISTRICT JUDGE

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