United States District Court, E.D. Missouri, Eastern Division
MEMORANDUM AND ORDER
C. COLLINS, UNITED STATES MAGISTRATE JUDGE
matter is before the Court on Defendant National Geospatial
Intelligence Agency's Motion to Dismiss for Failure to
State a Claim (Doc. 5). Pro se Plaintiff Linda Gates
filed a letter to the Court that the Court has construed as a
response (Doc. 9) and Defendant filed a reply (Doc.
The parties have consented to the jurisdiction of the
undersigned United States Magistrate Judge pursuant to 28
U.S.C. § 636(c) (Doc. 8). For the following reasons,
Defendant's Motion will be granted, in part and denied,
in part, and Plaintiff will be given an opportunity to file
an amended complaint.
April 26, 2017, pro se Plaintiff Linda Gates
(“Gates”) filed a one-page hand-written
“Employment Discrimination” Petition in the
Circuit Court of St. Louis County, Missouri against Defendant
National Geospatial Intelligence Agency (“NGA”)
(Doc. 3). In her Petition, Ms. Gates alleges that the NGA
wrongfully terminated her for poor performance and that, in
lieu of termination, she retired (Id.). Plaintiff
indicates that she suffered a sudden cardiac arrest and as a
result she wore a defibrillator (Id.). Plaintiff
claims that her supervisors told her that she was not given
work due to “my being out ill” (Id.).
Plaintiff also alleges that both supervisors bullied and
harassed her because of her need to wear a defibrillator
(Id.). Plaintiff asserts that the NGA did
“absolutely nothing to prevent the discriminatory
actions against me” (Id.). On August 28, 2017,
NGA removed this action to this Court (Doc. 1) and
subsequently filed a Motion to Dismiss (Doc. 5).
Rule of Civil Procedure 8(a)(2) requires “a short and
plain statement of the claim showing that the pleader is
entitled to relief.” Federal Rule of Civil Procedure
12(b)(6) provides for a motion to dismiss based on the
“failure to state a claim upon which relief can be
granted.” To survive a motion to dismiss a complaint
must show “‘that the pleader is entitled to
relief, ' in order to ‘give the defendant fair
notice of what the . . . claim is and the grounds upon which
it rests.'” Bell Atlantic Corp. v.
Twombly, 550 U.S. 544, 555 (2007) (quoting Conley v.
Gibson, 355 U.S. 41, 47 (1957)). “Threadbare
recitals of the elements of a cause of action, supported by
mere conclusory statements, do not suffice” to defeat a
motion to dismiss. Ashcroft v. Iqbal, 556 U.S. 662,
678 (2009) (citing Twombly, 550 U.S. at 555).
“[O]nly a complaint that states a plausible claim for
relief survives a motion to dismiss.” Iqbal,
556 U.S. at 679 (citing Twombly, 550 U.S. at 556).
“The plausibility standard is not akin to a
‘probability requirement, ' but it asks for more
than a sheer possibility that a defendant has acted
unlawfully.” Iqbal, 556 U.S. at 678. (citation
omitted). The pleading standard of Rule 8 “does not
require ‘detailed factual allegations, ' but it
demands more than an unadorned,
Iqbal, 556 U.S. at 678 (quoting Twombly,
550 U.S. at 555). “When ruling on a defendant's
motion to dismiss, a judge must accept as true all of the
factual allegations contained in the complaint.”
Erickson v. Pardus, 551 U.S. 89, 94 (2007). All
reasonable references from the complaint must be drawn in
favor of the nonmoving party. Schaaf v. Residential
Funding Corp., 517 F.3d 544, 549 (8th Cir. 1999).
Court finds that Ms. Gates has not pled sufficient facts
which, if taken as true, would entitle her to relief. Ms.
Gates fails to include any relevant dates in her Petition
regarding the alleged employment discrimination nor does she
request any relief. However, in her letter response, as well
as her associated exhibits, Plaintiff appears to provide
significantly more detail regarding the alleged
discrimination. Therefore, the Court finds, in the interests
of justice, that Plaintiff shall be allowed to file an
amended complaint. Ms. Gates is warned that the filing of an
amended complaint replaces her Petition and so it must
include all claims she wishes to bring. E.g., In re
Wireless Telephone Federal Cost Recovery Fees
Litigation, 396 F.3d 922, 928 (8th Cir. 2005).
IT IS HEREBY ORDERED that Defendant National
Geospatial Intelligence Agency's Motion to Dismiss for
Failure to State a Claim (Doc. 5) is GRANTED, in
part and DENIED, in part.
IS FURTHER ORDERED that Plaintiff shall have thirty
(30) days from the date of this order to file an amended
IS FURTHER ORDERED that the Clerk of Court shall
mail to Plaintiff a copy of a blank Employment Discrimination
failure to timely comply with this order may result in the
dismissal of this case, without prejudice
and without further notice.