CHANDLER v. DEX MEDIA

Filing 21

OPINION. Signed by Judge Noel L. Hillman on 11/10/2015. (TH, )

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
_________________________________
LORREN CHANDLER,
Plaintiff,

Civil No.
15-1973(NLH/AMD)

v.
OPINION
DEX MEDIA,
formerly known as
SUPERMEDIA,
Defendant.
__________________________________
APPEARANCES:
LORREN CHANDLER
936 RUTH WAY
DOVER, DE 19904
Appearing pro se
ROBIN KOSHY
THERESA DONAHUE EGLER
OGLETREE DEAKINS NASH SMOAK & STEWART PC
10 MADISON AVENUE
SUITE 400
MORRISTOWN, NJ 07960
On behalf of defendant
HILLMAN, District Judge
On October 1, 2015, this Court dismissed plaintiff’s
employment discrimination claims because they were time-barred.
(Docket No. 17, 18.)

Because plaintiff was proceeding pro se,

the Court granted her leave, pursuant to Fletcher-Harlee Corp. v.
Pote Concrete Contractors, Inc., 482 F.3d 247, 251 (3d Cir.
2007), to file an amended complaint within 30 days.

Defendant

has filed a motion for reconsideration of the Court’s decision to

afford plaintiff the ability to file an amended complaint with
regard to purported claims under the Americans with Disabilities
Act (“ADA”) because those claims are also time-barred.
No. 19.)

(Docket

Plaintiff has not opposed defendant’s motion, but has

asked the Court for an extension of time to file her amended
complaint. 1

(Docket No. 20.)

The Court will grant defendant’s motion with regard to
plaintiff’s ability to reassert employment discrimination claims
under the ADA for the same time period as her other dismissed
claims because ADA claims alleging disability discrimination in
the workplace are subject to the EEOC’s exhaustion requirements.
Phillips v. Sheraton Soc'y Hill, 163 F. App'x 93, 94 (3d Cir.
2005) (citing 42 U.S.C. § 2000e-5(e)(1); 42 U.S.C. § 12117(a)).
The Court will also grant plaintiff’s request for an
extension of time to file an amended complaint.

Plaintiff shall

be afforded 30 more days from the date of this Opinion to file an
amended complaint.

As the Court reminded her in the prior

Opinion, however, plaintiff must be mindful that she should file
an amended complaint only if she can do so consistent with
Federal Civil Procedure Rule 11.
An appropriate Order will be entered.
Date: November 10, 2015
At Camden, New Jersey

s/ Noel L. Hillman
NOEL L. HILLMAN, U.S.D.J.

1

Plaintiff’s request for an extension is due to the death of her
father on October 6, 2015.
2