Reported / Citable
Background
Stacy Nichole Crawford brought claims against Hilti, Inc. involving allegations of race and sex discrimination, age discrimination, and retaliation. Hilti moved to dismiss Crawford’s complaint under Federal Rule of Civil Procedure 12(b)(6).
The magistrate judge recommended dismissing with prejudice Crawford’s claims concerning allegations that occurred before October 20, 2023, as well as her age-discrimination claims. The magistrate judge also recommended allowing Crawford to file a second amended complaint addressing her Title VII claims for race and sex discrimination and retaliation. Neither party objected to the report and recommendation.
The Court’s Holding
District Judge Sean D. Jordan adopted the magistrate judge’s report and recommendation, finding its conclusions correct. The court dismissed with prejudice Crawford’s claims concerning allegations predating October 20, 2023, and her age-discrimination claims.
The court granted Crawford leave to file a second amended complaint concerning her Title VII race-discrimination, sex-discrimination, and retaliation claims within 14 days of the memorandum’s entry. It warned that failure to file a timely amended complaint would result in dismissal of the case without further notice.
Key Takeaways
- The claims involving allegations before October 20, 2023, were dismissed with prejudice.
- Crawford’s age-discrimination claims were also dismissed with prejudice.
- The Title VII race-discrimination, sex-discrimination, and retaliation claims may be repleaded in a second amended complaint filed within 14 days.
Why It Matters
The order narrows Crawford’s case while preserving a limited opportunity to amend her Title VII claims. The 14-day deadline is consequential because the court stated that it will dismiss the entire case without further notice if Crawford does not timely file a second amended complaint.