United States District Court, Southern District of New York
January 13, 2003
BARBARA A. MAHON, PLAINTIFF,
STAFF LINE INC./CAMBRIDGE CONSULTING GROUP COM, DEFENDANTS.
The opinion of the court was delivered by: Lewis A. Kaplan, United States District Judge
This pro se employment discrimination action purportedly is brought pursuant to Title VII of the Civil Rights Act of 1964, as amended. The very brief complaint, however, is deficient in at least two respects.
First, it does not contain "a short and plain statement of the claim showing that the pleader is entitled to relief" as required by Fed.R.Civ.P. 8(a)(2). Rather, paragraph 10 asserts in conclusory terms that plaintiff complains, for example, of "[f]ailure to employ me" and paragraph 11 then goes on to say that the facts are as outlined in a timeline listing and supporting documentation. Attached to the complaint are scores, perhaps hundreds, of pages of listings of documents, letters, administrative agency documents, and the like.
Second, it does not contain a sufficient "short and plain statement of the grounds upon which the court's jurisdiction depends" as required by Fed.R.Civ.P. 8(a)(1). In particular, it fails to allege facts sufficient to show that either of the defendants is an "employer" as defined by Title V II.
Accordingly, the complaint is dismissed without prejudice to the filing, on or before February 14, 2003, of an amended complaint remedying these deficiencies. The amended complaint, if plaintiff chooses to file one, should comply with Rule 8 and should not attach unnecessary materials which more properly are the subject of pretrial discovery.
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