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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  1 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 7 8 9 10 11 12 13 MATTHEW SUND, Plaintiff, Case No. C17-895RSM ORDER TO SHOW CAUSE v. LABOR READY NORTHWEST et al., 14 15 Defendants. 16 Pro Se Plaintiff, Matthew Sund, has been granted leave to proceed in forma pauperis in 17 this matter. Dkt. #4. Mr. Sund’s first Complaint was filed on June 12, 2017, listing as 18 defendants Labor Ready Northwest and SanMar Corporation. Dkt. #5. On June 16, 2017, the 19 20 21 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, 22 and was insufficient to support a Title VII claim. Id. Mr. Sund did not clearly identify what 23 laws or statues he believed were being violated by the two Defendants in this case, and he did 24 25 26 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 27 submit an Amended Complaint stating: (1) the laws or statutes under which he brings each of 28 his claims against each of the Defendants; (2) exactly what facts support each of the alleged ORDER TO SHOW CAUSE - 1   1 2 violations of law; and (3) what specific injury Plaintiff suffered because of each alleged violation of law. Id. 3 On June 26, 2017, Mr. Sund filed his Amended Complaint. Dkt. #10. This Amended 4 Complaint uses the same form as the first Complaint, stating a Title VII claim and citing to 42 5 6 7 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 8 Ready Northwest, stated she was Mormon. Id. Mr. Sund details a process by which he was 9 offered a temporary employment contract but was not paid on time or hired on after the term. 10 11 12 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,” 13 and that “[m]isconduct caused the loss of an expensive diplomatic vehicle.” Id. Mr. Sund does 14 not explain how Defendants’ actions caused these losses. 15 16 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 17 18 such relief. See 28 U.S.C. § 1915(e)(2)(B). Mr. Sund’s Amended Complaint is again lacking 19 support for essential elements of his federal claim. Ms. Brooks’ religion does not appear to be 20 connected in any way to Mr. Sund’s contract claims. Mr. Sund’s claims appear to be frivolous 21 and insufficient to establish federal subject matter jurisdiction. 22 23 24 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, 25 Plaintiff must write a short and plain statement telling the Court: (1) how he has a valid Title 26 VII claim (2) how he calculated his damages of $100,000; and (3) why this case should not be 27 dismissed as frivolous. This statement may be filed as a “Response to Order to Show Cause” 28 ORDER TO SHOW CAUSE - 2   1 2 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. 3 Therefore, the Court hereby finds and ORDERS that Plaintiff shall file a Response to 4 this Order to Show Cause containing the detail described above no later than fourteen (14) 5 6 7 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. 8 9 DATED this 27 day of June, 2017. 10 A 11 12 RICARDO S. MARTINEZ CHIEF UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDER TO SHOW CAUSE - 3

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