1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 SERGIO ALVAREZ, Case No. 1:23-cv-01163-JLT-EPG 11 Plaintiff, SCREENING ORDER 12 v. ORDER FOR PLAINTIFF TO:
13 LOCAL UNION 755, (1) FILE A FIRST AMENDED COMPLAINT; OR 14 Defendant. (2) NOTIFY THE COURT THAT PLAINTIFF 15 WISHES TO STAND ON THE COMPLAINT
16 (ECF NO. 1)
17 THIRTY (30) DAY DEADLINE
18 19 Plaintiff Sergio Alvarez proceeds pro se and in forma pauperis in this civil action filed on August 4, 2023, against Defendant Local Union 755. (ECF Nos. 1, 7). The complaint appears to 20 assert discrimination in violation of the Americans with Disability Act (ADA). 21 The Court has reviewed Plaintiff’s complaint and finds that Plaintiff fails to state any 22 cognizable claims. Plaintiff now has the following options as to how to move forward. Plaintiff 23 may file an amended complaint if Plaintiff believes that additional facts would state a cognizable 24 claim or claims. If Plaintiff files an amended complaint, the Court will screen it in due course. Or 25 Plaintiff may file a notice stating that Plaintiff wants to stand on the complaint and have it 26 reviewed by the assigned District Judge, in which case the Court will issue findings and 27 recommendations to the District Judge consistent with this order. 28 1 I. SCREENING REQUIREMENT 2 Because Plaintiff is proceeding in forma pauperis, the Court screens the complaint under 3 28 U.S.C. § 1915. Under this statute, “the court shall dismiss the case at any time if the court 4 determines that the action . . . fails to state a claim upon which relief may be granted.” 28 U.S.C. § 1915(e)(2)(B)(ii). 5 A complaint is required to contain “a short and plain statement of the claim showing that 6 the pleader is entitled to relief.” Fed. R. Civ. P. 8(a)(2). Detailed factual allegations are not 7 required, but “[t]hreadbare recitals of the elements of a cause of action, supported by mere 8 conclusory statements, do not suffice.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (citing Bell 9 Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007)). A plaintiff must set forth “sufficient 10 factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face.’” Id. 11 (quoting Twombly, 550 U.S. at 570). The mere possibility of misconduct falls short of meeting 12 this plausibility standard. Id. at 679. While a plaintiff’s allegations are taken as true, courts “are 13 not required to indulge unwarranted inferences.” Doe I v. Wal-Mart Stores, Inc., 572 F.3d 677, 14 681 (9th Cir. 2009) (citation and internal quotation marks omitted). Additionally, a plaintiff’s 15 legal conclusions are not accepted as true. Iqbal, 556 U.S. at 678. 16 Pleadings of pro se plaintiffs “must be held to less stringent standards than formal 17 pleadings drafted by lawyers.” Hebbe v. Pliler, 627 F.3d 338, 342 (9th Cir. 2010) (holding that 18 pro se complaints should continue to be liberally construed after Iqbal). 19 II. PLAINTIFF’S COMPLAINT 20 Plaintiff used a form complaint for this case. Under the section of the form asking for a 21 statement of the claim, Plaintiff states as follows: “I lost my job including my wages my union 22 hall should be helping me instead going against me I am behind on my bills.”1 (ECF No. 1, p. 5). 23 Under the amount-in-controversy section, he states: “I was discriminated for the reason my hall agree with the company for only me go to get ADA doctor approval.” (Id.). As for relief, he 24 states: “Due to being discriminated at work in front [of] my coworker I felt humiliated, belittled, 25 and I was stressed and still affecting me and emotionally.” Attached to the complaint is a letter 26 27 1 For readability, minor alterations, such as correcting misspellings, have been made to Plaintiff’s 28 quotations without indicating each change. 1 from the Equal Employment Opportunity Commission, notifying Plaintiff of his right to sue. 2 Plaintiff also attaches a civil cover sheet, listing “discrimination” as his cause of action. 3 III. ANALYSIS 4 A. Rule 8 As noted above, Rule 8(a) requires a complaint to contain “a short and plain statement of 5 the claim showing that the pleader is entitled to relief.” Fed. R. Civ. P. 8(a)(2). In addressing Rule 6 8(a), the Ninth Circuit has concluded that, “to be entitled to the presumption of truth, allegations 7 in a complaint or counterclaim may not simply recite the elements of a cause of action, but must 8 contain sufficient allegations of underlying facts to give fair notice and to enable the opposing 9 party to defend itself effectively.” Starr v. Baca, 652 F.3d 1202, 1216 (9th Cir. 2011). Here, the 10 complaint falls within “[o]ne well-known type of violation” of Rule 8, the “pleading says too 11 little.” Knapp v. Hogan, 738 F.3d 1106, 1109 (9th Cir. 2013) (emphasis in original). 12 Plaintiff’s references to the ADA and suffering discrimination indicate that he believes 13 Defendant Local Union 755 discriminated against him based on a disability in violation of the 14 ADA. However, he does not include factual allegations to give Defendant fair notice of what 15 Defendant did to violate the ADA. For example, he does not identify his disability or how 16 Defendant discriminated against him based on his disability. Without knowing what facts support 17 Plaintiff’s claims, Defendant cannot effectively defend this case. Thus, the complaint does not 18 include “sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible on its 19 face.’” Iqbal, 556 U.S. at 678 (quoting Twombly, 550 U.S. at 570). 20 While Plaintiff’s complaint fails to comply with Rule 8(a), “[t]he court should freely give 21 leave [to amend] when justice so requires.” Fed. R. Civ. P. 15(a)(2). Accordingly, the Court will 22 allow Plaintiff to file an amended complaint providing facts regarding what Defendant did to 23 violate Plaintiff’s rights. Below the Court provides some legal standards regarding a discrimination claim under the ADA. 24 B. ADA 25 “[T]o establish a prima facie case of discrimination under the ADA [a plaintiff] must 26 show that she: (1) is disabled; (2) is qualified; and (3) suffered an adverse employment action 27 because of her disability. Snead v. Metro. Prop. & Cas. Ins. Co., 237 F.3d 1080, 1087 (9th Cir. 28 1 2001). Under the ADA, “[t]he term ‘disability’ means, with respect to an individual (A) a 2 physical or mental impairment that substantially limits one or more of the major life activities of 3 such individual; (B) a record of such an impairment; or (C) being regarded as having such an 4 impairment.” Albertson’s, Inc. v. Kirkingburg, 527 U.S. 555, 563 (1999) (quoting 42 U.S.C. § 12102(1)).
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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 SERGIO ALVAREZ, Case No. 1:23-cv-01163-JLT-EPG 11 Plaintiff, SCREENING ORDER 12 v. ORDER FOR PLAINTIFF TO:
13 LOCAL UNION 755, (1) FILE A FIRST AMENDED COMPLAINT; OR 14 Defendant. (2) NOTIFY THE COURT THAT PLAINTIFF 15 WISHES TO STAND ON THE COMPLAINT
16 (ECF NO. 1)
17 THIRTY (30) DAY DEADLINE
18 19 Plaintiff Sergio Alvarez proceeds pro se and in forma pauperis in this civil action filed on August 4, 2023, against Defendant Local Union 755. (ECF Nos. 1, 7). The complaint appears to 20 assert discrimination in violation of the Americans with Disability Act (ADA). 21 The Court has reviewed Plaintiff’s complaint and finds that Plaintiff fails to state any 22 cognizable claims. Plaintiff now has the following options as to how to move forward. Plaintiff 23 may file an amended complaint if Plaintiff believes that additional facts would state a cognizable 24 claim or claims. If Plaintiff files an amended complaint, the Court will screen it in due course. Or 25 Plaintiff may file a notice stating that Plaintiff wants to stand on the complaint and have it 26 reviewed by the assigned District Judge, in which case the Court will issue findings and 27 recommendations to the District Judge consistent with this order. 28 1 I. SCREENING REQUIREMENT 2 Because Plaintiff is proceeding in forma pauperis, the Court screens the complaint under 3 28 U.S.C. § 1915. Under this statute, “the court shall dismiss the case at any time if the court 4 determines that the action . . . fails to state a claim upon which relief may be granted.” 28 U.S.C. § 1915(e)(2)(B)(ii). 5 A complaint is required to contain “a short and plain statement of the claim showing that 6 the pleader is entitled to relief.” Fed. R. Civ. P. 8(a)(2). Detailed factual allegations are not 7 required, but “[t]hreadbare recitals of the elements of a cause of action, supported by mere 8 conclusory statements, do not suffice.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (citing Bell 9 Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007)). A plaintiff must set forth “sufficient 10 factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face.’” Id. 11 (quoting Twombly, 550 U.S. at 570). The mere possibility of misconduct falls short of meeting 12 this plausibility standard. Id. at 679. While a plaintiff’s allegations are taken as true, courts “are 13 not required to indulge unwarranted inferences.” Doe I v. Wal-Mart Stores, Inc., 572 F.3d 677, 14 681 (9th Cir. 2009) (citation and internal quotation marks omitted). Additionally, a plaintiff’s 15 legal conclusions are not accepted as true. Iqbal, 556 U.S. at 678. 16 Pleadings of pro se plaintiffs “must be held to less stringent standards than formal 17 pleadings drafted by lawyers.” Hebbe v. Pliler, 627 F.3d 338, 342 (9th Cir. 2010) (holding that 18 pro se complaints should continue to be liberally construed after Iqbal). 19 II. PLAINTIFF’S COMPLAINT 20 Plaintiff used a form complaint for this case. Under the section of the form asking for a 21 statement of the claim, Plaintiff states as follows: “I lost my job including my wages my union 22 hall should be helping me instead going against me I am behind on my bills.”1 (ECF No. 1, p. 5). 23 Under the amount-in-controversy section, he states: “I was discriminated for the reason my hall agree with the company for only me go to get ADA doctor approval.” (Id.). As for relief, he 24 states: “Due to being discriminated at work in front [of] my coworker I felt humiliated, belittled, 25 and I was stressed and still affecting me and emotionally.” Attached to the complaint is a letter 26 27 1 For readability, minor alterations, such as correcting misspellings, have been made to Plaintiff’s 28 quotations without indicating each change. 1 from the Equal Employment Opportunity Commission, notifying Plaintiff of his right to sue. 2 Plaintiff also attaches a civil cover sheet, listing “discrimination” as his cause of action. 3 III. ANALYSIS 4 A. Rule 8 As noted above, Rule 8(a) requires a complaint to contain “a short and plain statement of 5 the claim showing that the pleader is entitled to relief.” Fed. R. Civ. P. 8(a)(2). In addressing Rule 6 8(a), the Ninth Circuit has concluded that, “to be entitled to the presumption of truth, allegations 7 in a complaint or counterclaim may not simply recite the elements of a cause of action, but must 8 contain sufficient allegations of underlying facts to give fair notice and to enable the opposing 9 party to defend itself effectively.” Starr v. Baca, 652 F.3d 1202, 1216 (9th Cir. 2011). Here, the 10 complaint falls within “[o]ne well-known type of violation” of Rule 8, the “pleading says too 11 little.” Knapp v. Hogan, 738 F.3d 1106, 1109 (9th Cir. 2013) (emphasis in original). 12 Plaintiff’s references to the ADA and suffering discrimination indicate that he believes 13 Defendant Local Union 755 discriminated against him based on a disability in violation of the 14 ADA. However, he does not include factual allegations to give Defendant fair notice of what 15 Defendant did to violate the ADA. For example, he does not identify his disability or how 16 Defendant discriminated against him based on his disability. Without knowing what facts support 17 Plaintiff’s claims, Defendant cannot effectively defend this case. Thus, the complaint does not 18 include “sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible on its 19 face.’” Iqbal, 556 U.S. at 678 (quoting Twombly, 550 U.S. at 570). 20 While Plaintiff’s complaint fails to comply with Rule 8(a), “[t]he court should freely give 21 leave [to amend] when justice so requires.” Fed. R. Civ. P. 15(a)(2). Accordingly, the Court will 22 allow Plaintiff to file an amended complaint providing facts regarding what Defendant did to 23 violate Plaintiff’s rights. Below the Court provides some legal standards regarding a discrimination claim under the ADA. 24 B. ADA 25 “[T]o establish a prima facie case of discrimination under the ADA [a plaintiff] must 26 show that she: (1) is disabled; (2) is qualified; and (3) suffered an adverse employment action 27 because of her disability. Snead v. Metro. Prop. & Cas. Ins. Co., 237 F.3d 1080, 1087 (9th Cir. 28 1 2001). Under the ADA, “[t]he term ‘disability’ means, with respect to an individual (A) a 2 physical or mental impairment that substantially limits one or more of the major life activities of 3 such individual; (B) a record of such an impairment; or (C) being regarded as having such an 4 impairment.” Albertson’s, Inc. v. Kirkingburg, 527 U.S. 555, 563 (1999) (quoting 42 U.S.C. § 12102(1)). 5 There is a two-step inquiry to determine whether an individual is qualified: 6 We first determine whether the individual satisfies the prerequisites of the job; 7 more specifically, whether “the individual satisfies the requisite skill, experience, 8 education and other job-related requirements of the employment position such individual holds or desires.” At step two, we determine whether, “with or without 9 reasonable accommodation,” the individual is able to “perform the essential functions of such position.” 10 Anthony v. Trax Int’l Corp., 955 F.3d 1123, 1127–28 (9th Cir. 2020) (quoting 29 C.F.R. 11 § 1630.2(m)). 12 IV. CONCLUSION AND ORDER 13 The Court concludes that Plaintiff’s complaint fails to state any cognizable claims for the 14 reasons described above. 15 Under Rule 15(a)(2) of the Federal Rules of Civil Procedure, “the court should freely give 16 leave [to amend] when justice so requires.” Accordingly, the Court will provide Plaintiff with 17 time to file an amended complaint curing the deficiencies identified above. Lopez v. Smith, 203 18 F.3d 1122, 1126-30 (9th Cir. 2000). Plaintiff is granted leave to file an amended complaint within 19 thirty days. 20 If Plaintiff chooses to file an amended complaint, the amended complaint must allege 21 violations under the law as discussed above. Plaintiff should note that although Plaintiff has been given the opportunity to amend, it is not for the purpose of changing the nature of this suit or 22 adding unrelated claims. George v. Smith, 507 F.3d 605, 607 (7th Cir. 2007) (no “buckshot” 23 complaints). 24 Plaintiff is advised that an amended complaint supersedes the original complaint, Lacey v. 25 Maricopa County, 693 F.3d. 896, 907 n.1 (9th Cir. 2012) (en banc), and must be complete in 26 itself without reference to the prior or superseded pleading, Local Rule 220. Therefore, in an 27 amended complaint, as in an original complaint, each claim and the involvement of each 28 1 | defendant must be sufficiently alleged. The amended complaint should be clearly and boldly 2 | titled “First Amended Complaint,” refer to the appropriate case number, and be an original signed 3 | under penalty of perjury. 4 Alternatively, Plaintiff may choose to stand on the complaint, in which case the Court will 5 | issue findings and recommendations to the District Judge recommending dismissal of the action 6 consistent with this order. 7 Based on the foregoing, IT IS ORDERED that: 8 1. The Clerk of Court is directed to send Plaintiff a complaint for a civil case (Form -
9 Pro Se 1); 2. Within thirty (30) days from the date of service of this order, Plaintiff shall either: a. File a First Amended Complaint; or b. Notify the Court in writing that Plaintiff wants to stand on the complaint. 2 3. Should Plaintiff choose to amend the complaint, Plaintiff shall caption the 13 amended complaint “First Amended Complaint” and refer to the case number M4 1:23-cv-01163-JLT-EPG; and 15 4. Failure to comply with this order may result in the dismissal of this action. 16 17 | IT IS SO ORDERED. 'S | Dated: _ August 23, 2023 [Jee Py — 19 UNITED STATES MAGISTRATE JUDGE 20 21 22 23 24 25 26 27 28