Parker v. Southcrest Hospital

Filing 24

OPINION AND ORDER by Judge Gregory K Frizzell ; denying 17 Motion to Dismiss (hbo, Dpty Clk)

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF OKLAHOMA

ESTELLA PARKER,
Plaintiff,
v.
SOUTHCREST HOSPITAL,
Defendant.

)
)
)
)
)
)
)
)
)

Case No. 08-CV-631-GKF-PJC

OPINION AND ORDER
This matter comes before the court on the Motion to Dismiss (Dkt. #17) of defendant
SouthCrest Hospital (“SouthCrest”). SouthCrest argues that the court does not possess subject
matter jurisdiction over the case because plaintiff Estella Park (“Ms. Parker”) failed to comply with
Title VII filing requirements.
Ms. Parker was issued a Notice of Right to Sue by the Equal Employment Opportunity
Commission (“EEOC”) on July 30, 2008. Appearing pro se, she filed a timely complaint with this
court on October 24, 2008. (Dkt. #1). No attorney entered an appearance on her behalf at any point
during the case. On March 31, 2009, the court gave Ms. Parker until April 21, 2009, to show cause
why her complaint should not be dismissed for failure to serve the defendants. (Dkt. #3). Ms. Parker
never responded to this show cause order, and her complaint was dismissed without prejudice by
court order on June 18, 2009. (Dkt. #4). Almost one year later, Ms. Parker moved to reopen this
case, stating that she did not receive adequate legal advice from her attorney, and that she needed
important information from the EEOC. The court granted Ms. Parker’s Motion to Reopen on June
18, 2010. (Dkt. #5).

SouthCrest argues that Ms. Parker’s claim became barred during the year that elapsed
between the dismissal of her suit, and the filing of her motion to reopen. All of the case law
presented by SouthCrest is inapposite because it deals with a situation where a complaint is
dismissed and then refiled. If, as here, the case is reopened rather than refiled, then the original filing
date controls. Because the complaint in this case was filed within the 90 day period provided by
Title VII, it is timely.
WHEREFORE, the Motion to Dismiss (Dkt. #17) of defendant SouthCrest Hospital is
denied.
DATED this 13th day of May, 2011.

2