Dukhan Mumin v. Darmody Family McDonald's

Summary

The United States District Court for the District of Nebraska grants Plaintiff Dukhan Mumin’s motions for leave to file an amended complaint asserting claims under the Nebraska Age Discrimination in Employment Act. The court directs Plaintiff to file a signed amended complaint by February 20, 2026 and states that his pending motion to dismiss will be treated as withdrawn if he files the amended complaint.

Holdings

1. Leave to amend was granted because, at this early stage, the proposed amendment was not shown to be futile and Rule 15(a)(2) favors freely granting leave when justice so requires.
2. Failure to receive a right-to-sue notice did not establish futility because receipt of the notice is not a jurisdictional prerequisite and the deficiency may be cured after an action has commenced.
3. The court declined to decide supplemental jurisdiction because the proposed amended complaint appeared to eliminate all federal claims, potentially depriving the court of subject matter jurisdiction, and the issue was not necessary to resolve the motions to amend.

Questions Presented

1. Whether Plaintiff should be granted leave under Federal Rule of Civil Procedure 15(a)(2) to amend the complaint to assert only state-law age-discrimination claims.
2. Whether alleged failure to obtain a right-to-sue notice made the proposed amendment futile.
3. Whether the court should decide at this stage whether it would retain supplemental jurisdiction over state-law claims.

Disposition

other