Lee v. Ne. Ill. Reg'l Commuter R.R. Corp.

912 F.3d 1049
CourtCourt of Appeals for the Seventh Circuit
DecidedJanuary 8, 2019
DocketNo. 18-1930
StatusPublished
Cited by87 cases

This text of 912 F.3d 1049 (Lee v. Ne. Ill. Reg'l Commuter R.R. Corp.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lee v. Ne. Ill. Reg'l Commuter R.R. Corp., 912 F.3d 1049 (7th Cir. 2019).

Opinion

Bauer, Circuit Judge.

Current and former employees filed a complaint in federal court against Northeast Regional Commuter Railroad Corporation ("Metra") and several of its employees alleging various forms of discrimination. The plaintiffs eventually filed an amended complaint, which was met with a motion to dismiss, a second amended complaint, and an amended second amended complaint. The defendants responded to the amended second amended complaint by filing a motion to dismiss. The motion argued, just as the motion to dismiss the amended complaint did, that the complaint had several substantive deficiencies and failed to provide defendants with sufficient notice. The district court held that the plaintiffs' repeated failure to remedy these deficiencies warranted denial of the *1051plaintiffs' motion for leave to file a third amended complaint. The district court then granted the defendants' motion to dismiss holding the plaintiffs' failure to respond to defendants' arguments, or otherwise defend its pleadings, resulted in waiver. The plaintiffs-appellants now invite this Court to reverse both holdings. For the reasons set forth herein, we decline the invitation and affirm the district court.

I. BACKGROUND

On November 28, 2016, two plaintiffs filed suit against Metra and several of its employees in their individual and official capacities. This complaint detailed allegations of racial discrimination in violation of the Fourteenth Amendment for which they sought relief under 42 U.S.C. § 1983. On January 26, 2017, an amended complaint was filed. The plaintiffs in the amended complaint numbered eleven; the defendants ten. This complaint added several claims of racial discrimination and a claim that Metra violated the Americans with Disabilities Act of 1990. The complaint described in detail each plaintiff's experience at Metra, highlighting a number of instances in which African American employees were treated differently than white employees. The complaint also contained an "argument" section which described discrimination case law and theories. This section was followed by a section labeled "claims for relief" in which the plaintiffs very briefly outlined the counts and generically asserted that the defendants caused the captioned violations.

The defendants moved to dismiss the amended complaint asserting it contained numerous pleading deficiencies. Defendants asserted it was "difficult and at times, impossible, to discern from Plaintiffs' Amended Complaint the alleged acts of wrongdoing attributable to the individual Defendants." The defendants also argued the amended complaint contained incorrect numbering and failed to assert wrongdoing against five of the named defendants. The plaintiffs did not respond to the motion to dismiss but elected to cure these deficiencies by again amending their complaint.

The plaintiffs, however, submitted the wrong version of their second amended complaint. On May 24, 2017, the parties appeared before the district court to address the issue. The district court gave the plaintiffs two options: they could file the correct complaint within twenty-four hours or if they desired more time to address the deficiencies that concerned the defendants, the district court would allow them one week to file a third amended complaint. The plaintiffs chose the former and filed an amended second amended complaint. This complaint included claims by twelve plaintiffs against twelve defendants (Metra and eleven of its employees in both their individual and official capacities). The complaint included claims of racial discrimination; hostile work environment; disparate treatment; negligent infliction of emotion harm; intentional infliction of emotional harm; discrimination in violation of the Fourteenth Amendment for which they sought relief under 42 U.S.C. § 1983 ; discrimination in violation of Title VII of the Civil Rights Act of 1964, the Illinois Civil Rights Act of 2006, and the Americans with Disabilities Act of 1990; retaliation; and breach of contract under Illinois common law.

Defendants filed a motion to dismiss the second amended complaint arguing it suffered from the same deficiencies as its predecessor. In particular, the defendants asserted the complaint did not provide the defendants with notice because it failed to explain which defendants were being sued for what. Defendants also asserted the complaint contained a number of substantive problems: the plaintiffs' breach of contract *1052claim was preempted by the Railway Labor Act, 45 U.S.C. § 159(a) ; the race discrimination claims under the Illinois Civil Rights Act of 2006 were fatally deficient because the statute has no application in employment law; and the claims under Title VII and the ADA were deficient because those statutes only authorize suits against employers and not individual defendants, as the plaintiffs alleged. Defendants also attacked the plaintiffs' retaliation claims as "conclusory allegations merely reciting the elements of the claim" that cannot survive the pleading stage.

Plaintiffs' response to the motion to dismiss was lacking in almost every respect. It failed to outline the federal pleading standard and did not address any of the defendants' arguments. Not only did the plaintiffs fail to make arguments in support of the amended second amended complaint, but they also failed to cite a single case for any purpose. Accordingly, the defendants' reply argued that because the plaintiffs failed to provide any legal arguments or cite any relevant authority to establish their claims, they forfeited their right to continue litigating the case.

On February 23, 2018, the district court denied the plaintiffs' motion to file a third amended complaint because the proposed complaint failed to fix any of the deficiencies of the previous complaints and the plaintiffs failed to explain how the problems would be fixed. The court also found that the plaintiffs' response to the motion to dismiss failed to address the pleading standard or discuss the elements of their claims, failed to cite a single case, and only provided arguments based on unsupported conclusions. The district court held that the plaintiffs had waived any arguments that their pleadings were anything but deficient: "As Plaintiffs failed to defend their pleading substantively and properly respond to the deficiencies that Defendants articulated ... Plaintiffs have waived their opposition to the instant Motion to Dismiss."

The plaintiffs filed a motion to reconsider and, after that motion was denied, sought relief in this Court. Because the district court gave the plaintiffs ample opportunity to address the deficiencies outlined by the defendants, and correctly found that the plaintiffs waived their arguments in opposition to the motion to dismiss, we affirm.

II. ANALYSIS

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Bluebook (online)
912 F.3d 1049, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lee-v-ne-ill-regl-commuter-rr-corp-ca7-2019.