Jiggetts v. District of Columbia

319 F.R.D. 408, 2017 WL 149951, 2017 U.S. Dist. LEXIS 5307
CourtCourt of Appeals for the D.C. Circuit
DecidedJanuary 13, 2017
DocketCiv. No. 15-cv-0752 (KBJ)
StatusPublished
Cited by131 cases

This text of 319 F.R.D. 408 (Jiggetts v. District of Columbia) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jiggetts v. District of Columbia, 319 F.R.D. 408, 2017 WL 149951, 2017 U.S. Dist. LEXIS 5307 (D.C. Cir. 2017).

Opinion

MEMORANDUM OPINION

KETANJI BROWN JACKSON, United States District Judge

On March 5, 2016, Plaintiffs Tenisha N. Jiggetts and Karen W. Cooper (“Plaintiffs”) filed a Fourth Amended Complaint against the District of Columbia and seven of its individual employees (collectively, “Defendants”). Jiggetts and Cooper formerly worked for the Superior Court of the District of Columbia, and their lawsuit arises out of a series of allegedly discriminatory and tor-tious acts they allegedly faced in the context of their employment. Plaintiffs’ Fourth Amended Complaint (hereinafter referred to as “the complaint”) contains 20 separate claims for relief, and generally asserts that (1) Defendants violated 42 U.S.C. § 1983 by depriving Plaintiffs of their rights under the First, Fourth, and Fifth Amendments to the U.S. Constitution; (2) Defendants’ discriminatory and/or retaliatory conduct violated Title VII of the Civil Rights Act of 1964 (“Title VII”), 42 U.S.C. § 2000e et seq., the Family and Medical Leave Act (“FMLA”), 29 U.S.C. § 2601 et seq., and the Age Discrimination in Employment Act of 1967 (“ADEA”), 29 U.S.C. § 621 et seq.-, and (3) Defendants have committed the common law torts of assault, battery, negligence, and intentional and negligent infliction of emotional distress. (See 4th Am. Compl., EOF No. 37, at 48-76.)1

Before this Court at present is Defendants’ motion to dismiss Plaintiffs’ Fourth Amended Complaint. (See Defs.’ Mot. to Dismiss (“Defs.’ Mot.”), EOF No. 41.) Defendants argue that Plaintiffs’ pleading—which is 78 pages long and contains more than 450 paragraphs—should be dismissed for failure to comply with Federal Rule of Civil Procedure 8, and that, in any event, Counts I and II (Section 1983 claims brought against various individual defendants) must be dismissed for failure to state a claim upon which relief can be granted. (See id at 3-4.) For the reasons explained below, this Court agrees with Defendants that Plaintiffs’ Fourth Amended Complaint fails to comply with Rule 8’s pleading and notice requirements. Furthermore, the Court notes that Plaintiffs have previously been granted several opportunities to produce a complaint that satisfies Rule 8 and thereby provides Defendants with succinct and sufficient notice of the legal theories that undergird Plaintiffs’ claims and the particular allegations that support them. Plaintiffs’ Fourth Amended Complaint continues to contain scattershot assertions of fact that are not properly directed at the myriad legal claims that are inserted into the [411]*411pleading, and this Court has little confidence that yet another try would yield a different result. Consequently, Defendants’ motion to dismiss the complaint is GRANTED, and this case will be DISMISSED without prejudice and in its entirety on Rule 8 grounds alone. A separate order consistent with this Memorandum Opinion will follow.

1. BACKGROUND

A. Alleged Facts

Tenisha Jiggetts and Karen Cooper, two African-American females, are former employees of the District of Columbia. (See 4th Am. Compl. ¶ 11.) Jiggetts, who is forty-six years old, “served as the attorney advisor to the Criminal Division at the Superior Court of the District of Columbia” (id.), and Cooper, who is sixty-one, “served as a supervisor” in that same division (id.). Plaintiffs allege that, on numerous occasions, several employees of the Superior Court of the District of Columbia—namely, Defendants Daniel W. Cipullo, Cheryl Bailey, Anne Wicks, Yvonne Martinez-Vega, Richard Parris, Nancy McKinney, and Belinda Carr—subjected Plaintiffs and other Superior Court employees to a variety of “racial, gender, age and compensation discrimination, harassment, a hostile work environment, interference and retaliation[.]” (Id. ¶ 19; see also id. ¶¶ 13, 153-54, 167, 176, 233.) Plaintiffs’ Fourth Amended Complaint describes a plethora of events, encounters, and general working conditions that range from instances of purported “bullying” and name-calling (id. ¶ 49) to less favorable treatment (see id. ¶ 54), including untimely and/or poor performance evaluations (see id. ¶¶ 78, 225). The complaint describes some acts that were allegedly directed against Plaintiffs personally (see, e.g., id. ¶ 32), while other acts appear to have been taken against other Superior Court employees (see, e.g., id. ¶¶ 51, 76-77) or racial minorities in general (see, e.g., id. ¶¶ 46, 54, 70). Jiggetts claims that she was also involved in physical or verbal altercations with Defendants Parris and Cipullo (see id. ¶¶ 119-120, 128, 132), after which she was unlawfully suspended, and her employment was terminated (see id, ¶¶ 131, 135). Cooper alleges that, as a result of some or all of the aforementioned acts, she was ultimately forced to resign. (See id. ¶ 238.)

B. Procedural History

1. Plaintiffs’ Complaints

Plaintiffs have submitted five complaints in this matter, the first of which was filed on May 20, 2015. Plaintiffs’ initial complaint, which was brought against the District of Columbia and individual defendant Cipullo, was 56 pages long, contained 477 paragraphs, and alleged 15 separate statutory and constitutional violations. (See Compl., ECF No. I.)2 For the next 18 months, Plaintiffs sought leave to amend their complaint three times. (See Motions for Leave to File Amended Complaints, ECF Nos. 10, 27, 31.) At each turn, Plaintiffs increased the number of claims, the number of defendants, and the breadth and depth of their factual allegations. (See, e.g., 1st Am. Compl., ECF No. 11 (raising 27 counts in a 56-page, 482-para-graph pleading brought against six total defendants); 2nd Am. Compl., ECF No. 30 (raising 29 counts in a 73-page, 593-para-graph pleading brought against six total defendants); 3rd Am. Compl., ECF No. 32 [412]*412(raising 51 counts in a 185-page, 1072-para-graph pleading brought against eight total defendants).)

At a status conference on February 11, 2016, the parties agreed to the Plaintiffs’ filing of a fourth amended complaint. (See Feb. 11, 2016 Hr’g Tr., EOF No. 49, at 9-10.)3 A Court order memorializing this agreement followed. (See Min. Order of Feb. 11, 2016.) Then, on March 5, 2016, Plaintiffs filed the instant pleading (the Fourth Amended Complaint), which stands at 78 pages and 459 paragraphs long. The Fourth Amended Complaint alleges statutory, constitutional, and common-law violations in the context of 20 counts that have been brought against the District of Columbia and seven of its employees, both in their individual and official capacities. (See 4th Am. Compl.)

While shorter in length than many of its predecessors, the Fourth Amended Complaint is hardly a model of clarity. For example, Plaintiffs’ Tenth Count extends over twenty-two paragraphs (see id.

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Bluebook (online)
319 F.R.D. 408, 2017 WL 149951, 2017 U.S. Dist. LEXIS 5307, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jiggetts-v-district-of-columbia-cadc-2017.