Howell v. STRM LLC - Garden of Eden

• Court: District Court, N.D. California
• Decided: March 9, 2020
• Docket: 3:20-cv-00123
• Status: Unknown

Opinion

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 NATALIA HOWELL, Case No. 20-cv-00123-JSC

8 Plaintiff, SCREENING ORDER v. 9

10 GARDEN OF EDEN, et al., Defendants. 11

12 13 Natalia Howell brings this employment discrimination action against her former employer 14 Garden of Eden, and two individuals: Soufyan Abouahmed and Shareef Radwan El-Sissi. (Dkt. 15 No. 1.) Having granted Ms. Howell’s application to proceed in forma pauperis, (see Dkt. No. 4), 16 the Court now screens the complaint pursuant to 28 U.S.C. § 1915. 17 COMPLAINT ALLEGATIONS 18 Plaintiff alleges that she was injured while moving boxes at her workplace, Garden of 19 Eden, 21227 Foothill Blvd. Hayward, California. (Dkt. No. 1 at 3.) Although she was in 20 excruciating pain, her supervisor, Andrew Do, refused to let her leave work to seek medical 21 attention. (Id. at 4.) When she went to obtain medical assistance the next day, they noted that her 22 back was inflamed and that she should have come in right away. (Id.) She was given a cane and 23 referred to physical therapy. (Id.) She was later told that her employer denied her claim for 24 workers compensation, unemployment, and disability. (Id.) 25 Ms. Howell pleads two claims for relief: (1) a violation of Title VII of the Civil Rights Act, 26 and (2) a violation of the Americans with Disabilities Act (“ADA”). Both claims list Garden of 27 Eden and Andrew Do as the Defendants. With respect to her Title VII claim, Plaintiff alleges that 1 African-American, androgynous lesbians were given the opportunities.” (Id. at p. 5.) For her 2 ADA claim, Plaintiff contends that she was terminated while out on disability. 3 LEGAL STANDARD 4 The Court has a continuing duty to dismiss any case in which a party is proceeding in 5 forma pauperis upon a determination that the case is: (1) frivolous or malicious; (2) fails to state a 6 claim on which relief may be granted; or (3) seeks monetary relief against a defendant who is 7 immune from such relief. See 28 U.S.C. § 1915(e)(2). The standard of review under 28 U.S.C. § 8 1915(e)(2) mirrors that of Rule 12(b)(6). Lopez v. Smith, 203 F.3d 1122, 1126-27 (9th Cir. 2000). 9 Thus, the complaint must allege “enough facts to state a claim to relief that is plausible on its 10 face.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007). A facial plausibility standard is not 11 a “probability requirement” but mandates “more than a sheer possibility that a defendant has acted 12 unlawfully.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (internal quotation marks and citations 13 omitted). To avoid dismissal, a complaint must contain more than “naked assertion[s],” “labels 14 and conclusions” or “a formulaic recitation of the elements of a cause of action.” Twombly, 550 15 U.S. at 555-57. “A claim has facial plausibility when the plaintiff pleads factual content that 16 allows the court to draw the reasonable inference that the defendant is liable for the misconduct 17 alleged.” Iqbal, 556 U.S. at 678.When a plaintiff files a complaint without being represented by a 18 lawyer, the court must “construe the pleadings liberally . . . to afford the petitioner the benefit of 19 any doubt.” Hebbe v. Pliler, 627 F.3d 338, 342 (9th Cir. 2010) (internal quotation marks and 20 citation omitted). 21 DISCUSSION 22 Although Plaintiff lists Garden of Eden, Soufyan Abouahmed, and Shareef Radwan El- 23 Sissi as defendants on page 2 of her Complaint, she does not include any allegations or other 24 references to Soufyan Abouahmed, and Shareef Radwan El-Sissi in her Complaint. Rather, her 25 two claims list Garden of Eden and Andrew Do as defendants. (Dkt. No. 1 at 5-6.) The 26 complaint thus fails to state a claim for either a violation of Title VII or the ADA as to Soufyan 27 Abouahmed, and Shareef Radwan El-Sissi. 1 CONCLUSION 2 For the reasons set forth above, Ms. Howell’s complaint fails to state a claim for relief 3 against either Soufyan Abouahmed, or Shareef Radwan El-Sissi. Within 30 days, Ms. Howell 4 shall file an amended complaint with additional allegations as to these defendants or omitting 5 these defendants from her claims. In addition, if she wishes to name Andrew Do as a defendant, 6 she should clarify this in her amended complaint. Because Ms. Howell is proceeding without an 7 attorney, the Court encourages her to seek free assistance from the Northern District’s Legal Help 8 Center, in San Francisco at 450 Golden Gate Avenue, 15th Floor, Room 2796, San Francisco, CA 9 94102, or in Oakland at: 1301 Clay Street 4th Floor, Room 470S Oakland, CA 94612. Ms. 10 || Howell can make an appointment by calling (415) 792-8982. 11 12 IT IS SO ORDERED. 13 Dated: March 9, 2020 I Lin St 15 ne JAPQUELINE SCOTT CORLEY = 16 United States Magistrate Judge 17 18 19 20 21 22 23 24 25 26 27 28

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 NATALIA HOWELL, 7 Case No. 20-cv-00123-JSC Plaintiff, 8 9 Vv. CERTIFICATE OF SERVICE

10 GARDEN OF EDEN, et al., Defendants. 11 aq 12 . . . . I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. 13 = District Court, Northern District of California. 14 That on March 9, 2020, ISERVED a true and correct copy(ies) of the attached, by placing 15 said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by

16 depositing said envelope in the U.S. Mail, or by placing said copy(es) into an inter-office delivery

receptacle located in the Clerk's office. Z 18 19 Natalia Howell 1720 Crater Peak Way 20 Antioch, CA 94531 21 22 Dated: March 9, 2020 23 24 Susan Y. Soong Clerk, United States District Court 26 27 By: 28 Ada Means, Deputy Clerk to the Honorable JACQUELINE SCOTT CORLEY