Min Li v. Qi Jiang

38 F. Supp. 3d 870, 2014 WL 3962466, 2014 U.S. Dist. LEXIS 112608
CourtDistrict Court, N.D. Ohio
DecidedAugust 13, 2014
DocketNo. 4:13cv2435
StatusPublished
Cited by3 cases

This text of 38 F. Supp. 3d 870 (Min Li v. Qi Jiang) is published on Counsel Stack Legal Research, covering District Court, N.D. Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Min Li v. Qi Jiang, 38 F. Supp. 3d 870, 2014 WL 3962466, 2014 U.S. Dist. LEXIS 112608 (N.D. Ohio 2014).

Opinion

MEMORANDUM OF OPINION AND ORDER [Regarding ECF Nos. 4; 10]

BENITA Y. PEARSON, District Judge.

Pending before the Court is the Motion for Judgment on the Pleadings filed by Defendants Dr. Qi Jiang (“Jiang”) and Youngstown State University (“YSU”) (collectively, “Defendants”). ECF No. 4. Also pending is Plaintiff Dr. Min Li’s Motion to Supplement Complaint Instanter. ECF No. 10. The Court has been advised, having reviewed the record, the parties’ briefs, and the applicable law. For the reasons that follow, the Court grants Defendants’ motion in part, denies it in part, and grants Li’s motion.

I. Background1

YSU hired Li in 2008 as a tenure track assistant professor in the Department of Sociology, Anthropology and Gerontology. ECF No. 1-1 at 3, ¶ 10. Li became eligible for tenure review in February 2012. Id. at ¶ 13. She satisfied all prerequisites necessary to become a tenured faculty member. Id. at ¶ 12.

On September 12, 2012, Li presented herself to the faculty for tenure review. Id. at 4, ¶ 14. All faculty voted in favor of her receiving tenure. Id. Defendant Jiang, the Chair of the Sociology, Anthropology and Gerontology Department, congratulated Li on receiving a unanimous vote for tenure on her first review. Id.

Both Jiang and Li are Chinese. ECF No. 11 at 13. On September 14, 2012, Jiang sent an email through her YSU email account which purportedly expressed certain of her racial and political beliefs. ECF No. 1-1 at 5, ¶ 15. Li received the email and describes it as follows:

The basic gist of the email involves historical tension between the Chinese and the Japanese dating back to World War II. It described the Japanese using the pejorative term, “xiao reben,” which translates to “little runts.” Dr. Jiang described herself as hating the “little runts” from “deep in her bones.” The email urged the recipients to not “buy any Japanese products from [then] on.” The email further described more diplomatic means as a “useless fart.”

Id. Jiang asked Li to forward the email to others in the Chinese Community. Id. at ¶ 16. Li declined to do so. Id. at ¶ 17.

Subsequently, Jiang referred to Li as a “betrayer” and began berating her. Id. at ¶ 18. “On September 21, 2012 and continuing into the days thereafter,” Jiang emailed YSU Dean Shearle Furnish “three pages of broad and false allegations about Dr. Li’s job performance, work, and ethics.” Id.' at ¶ 19. Jiang accused Li of being a substandard and unethical professor. Id. In December 2012, YSU denied Li’s tenure application pursuant to Jiang’s recommendation. Id. at ¶ 20. In April 2013, YSU informed Li that the denial of [874]*874tenure was final. Id. at 5, ¶ 22. YSU offered her a one-year non-tenure track position. Id.

Li filed a lawsuit in the Mahoning County Common Pleas Court, asserting claims against Defendants for discrimination pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., and Chapter Jpll2 of the Ohio Revised Code; for violations of the right to freedom of speech and association under 42 U.S.C. § 1983; and defamation.2 Id. at 5-6. Li also alleges that YSU is liable based on the theory of respondeat superior and seeks punitive damages. Id. at 7. Defendants removed the case to the instant Court, ECF No. 1, then filed a motion for judgment on the pleadings pursuant to Fed. R.Civ.P. 12(c).

II. Legal Standard

A motion for judgment on the pleadings pursuant to Fed.R.Civ.P. 12(c) is reviewed under the same standard applicable to a motion to dismiss under Rule 12(b)(6). Tucker v. Middleburg-Legacy Place, 539 F.3d 545, 549 (6th Cir.2008). The Court must construe the complaint in the light most favorable to the non-moving party, accept all factual allegations as true, and make reasonable inferences in favor of the non-moving party. Total Benefits Planning Agency, Inc. v. Anthem Blue Cross & Blue Shield, 552 F.3d 430, 434 (6th Cir.2008); In re Sofamor Danek Group, Inc., 123 F.3d 394, 400 (6th Cir.1997). The complaint must “give the defendant fair notice of what the claim is and the grounds upon which it rests.” Nader v. Blackwell, 545 F.3d 459, 470 (6th Cir.2008) (quoting Erickson v. Pardus, 551 U.S. 89, 93, 127 S.Ct. 2197, 167 L.Ed.2d 1081 (2007)). A motion brought pursuant to Rule 12(c) is appropriately granted “when no material issue of fact exists and the party making the motion is entitled to judgment as a matter of law.” JPMorgan Chase Bank, N.A. v. Winget, 510 F.3d 577, 582 (6th Cir.2007) (quoting Paskvan v. City of Cleveland Civil Serv. Comm’n, 946 F.2d 1233, 1235 (6th Cir.1991)).

III. Discussion

A. Title VII Discrimination Claim 1. Exhaustion of Remedies

Defendants contend that Li failed to exhaust her administrative remedies because she did not obtain a right to sue letter from the Equal Employment Opportunities Commission (“EEOC”) prior to bringing the Title VII claims. ECF No. 4 at 5. Li admits that at the time she filed her complaint and at the time Defendants filed their motion she did not have a right to sue letter. ECF No. 11 at 8. Li, however, states that she pleaded in her complaint that an EEOC investigation had been initiated, and that she has since that time received her right to sue letter. Id. See also ECF No. 10 (Li’s motion to supplement complaint instanter with her EEOC right to sue letter).3

Generally, before filing a lawsuit alleging a Title VII claim, a plaintiff must file a charge with the EEOC and obtain a right to sue letter. See Amini v. Oberlin College, 259 F.3d 493, 498 (6th Cir.2001). A plaintiffs failure to obtain a right to sue letter prior to filing a lawsuit can be cured by obtaining the letter after a lawsuit is filed but before a court enters judgment dismissing the action, as long as the defen[875]*875dants are not prejudiced. See Parry v. Mohawk Motors of Michigan, Inc., 236 F.3d 299, 310 (6th Cir.2000) (explaining that a right to sue letter is not a jurisdictional defect necessitating dismissal, but a condition precedent that may be cured). In the instant case, the Court has not entered judgment. And despite Defendants urging the Court not to permit Li to cure her pleading, Defendants do not describe how they would be prejudiced. See ECF No. 14 at 1-5. Accordingly, the Court will permit Li to cure her complaint because she obtained her right to sue letter prior to the Court entering judgment and Defendants have not explained how they would be prejudiced. See Parry, 236 F.3d at 310.

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Cite This Page — Counsel Stack

Bluebook (online)
38 F. Supp. 3d 870, 2014 WL 3962466, 2014 U.S. Dist. LEXIS 112608, Counsel Stack Legal Research, https://law.counselstack.com/opinion/min-li-v-qi-jiang-ohnd-2014.