Sund v. Labor Ready Northwest et al

Filing 11

ORDER TO SHOW CAUSE directing plaintiff to show cause within 14 days by Judge Ricardo S Martinez. (RS)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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MATTHEW SUND,
Plaintiff,

Case No. C17-895RSM
ORDER TO SHOW CAUSE

v.
LABOR READY NORTHWEST et al.,

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Defendants.

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Pro Se Plaintiff, Matthew Sund, has been granted leave to proceed in forma pauperis in

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this matter. Dkt. #4. Mr. Sund’s first Complaint was filed on June 12, 2017, listing as

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defendants Labor Ready Northwest and SanMar Corporation. Dkt. #5. On June 16, 2017, the

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Court issued an Order directing Mr. Sund to file an amended complaint. Dkt. #7. The Court
found that Mr. Sund’s Complaint contained almost no factual detail, relied on form language,

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and was insufficient to support a Title VII claim. Id. Mr. Sund did not clearly identify what

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laws or statues he believed were being violated by the two Defendants in this case, and he did

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not support his claims with specific facts. Accordingly, the Court found that it was unclear
how federal subject matter jurisdiction arises in this matter. Id. The Court ordered Plaintiff to

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submit an Amended Complaint stating: (1) the laws or statutes under which he brings each of

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his claims against each of the Defendants; (2) exactly what facts support each of the alleged

ORDER TO SHOW CAUSE - 1

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violations of law; and (3) what specific injury Plaintiff suffered because of each alleged
violation of law. Id.

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On June 26, 2017, Mr. Sund filed his Amended Complaint. Dkt. #10. This Amended

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Complaint uses the same form as the first Complaint, stating a Title VII claim and citing to 42

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U.S.C. § 2000e-5. Dkt. #10 at 2. Mr. Sund has elaborated on the underlying facts of this case
to a certain extent. For example, Mr. Sund now claims that Oralia Brooks, a manager at Labor

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Ready Northwest, stated she was Mormon. Id. Mr. Sund details a process by which he was

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offered a temporary employment contract but was not paid on time or hired on after the term.

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Id. Mr. Sund does not connect Oralia Brooks’ religion to Defendants’ failure to hire him. Mr.
Sund now alleges that he “suffered a monetary loss in the amount of approximately $100,000,”

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and that “[m]isconduct caused the loss of an expensive diplomatic vehicle.” Id. Mr. Sund does

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not explain how Defendants’ actions caused these losses.

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The Court will dismiss a Complaint at any time if the action fails to state a claim, raises
frivolous or malicious claims, or seeks monetary relief from a defendant who is immune from

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such relief. See 28 U.S.C. § 1915(e)(2)(B). Mr. Sund’s Amended Complaint is again lacking

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support for essential elements of his federal claim. Ms. Brooks’ religion does not appear to be

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connected in any way to Mr. Sund’s contract claims. Mr. Sund’s claims appear to be frivolous

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and insufficient to establish federal subject matter jurisdiction.

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Accordingly, Plaintiff's Amended Complaint suffers from deficiencies that, if not
adequately explained in response to this Order, require dismissal. In Response to this Order,

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Plaintiff must write a short and plain statement telling the Court: (1) how he has a valid Title

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VII claim (2) how he calculated his damages of $100,000; and (3) why this case should not be

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dismissed as frivolous. This statement may be filed as a “Response to Order to Show Cause”

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ORDER TO SHOW CAUSE - 2

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and does not alter or amend Plaintiff’s Amended Complaint. The Court will take no other
action in this case until it receives Plaintiff’s Response.

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Therefore, the Court hereby finds and ORDERS that Plaintiff shall file a Response to

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this Order to Show Cause containing the detail described above no later than fourteen (14)

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days from the date of this Order. The Clerk shall send a copy of this Order to Plaintiff at
6337 S. HIGHLAND DR. #213 SALT LAKE CITY, UT 84121.

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DATED this 27 day of June, 2017.

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A

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RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

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ORDER TO SHOW CAUSE - 3