Alvarez v. Harder Mechanical Contractors

Summary

The document contains Findings and Recommendations by a United States magistrate judge recommending dismissal of Sergio Alvarez’s action against Harder Mechanical Contractors. The recommendation is based on Plaintiff’s failure to comply with an order requiring a second amended complaint, failure to establish federal jurisdiction, and failure to state a cognizable discrimination or ADA claim. The recommendations were issued with a fourteen-day period for objections.

Holdings

1. A district court may dismiss an action, including with prejudice, when a party fails to prosecute or obey a court order, after considering the applicable dismissal factors and providing adequate warning.
2. A complaint must provide a short and plain statement containing sufficient factual matter to make the claim plausible and must identify all parties in the caption and present claims in appropriately numbered paragraphs.
3. A plaintiff must adequately plead a basis for federal subject matter jurisdiction; failure to establish federal-question or diversity jurisdiction requires dismissal.
4. The amended complaint failed to state a cognizable Title VII or ADA discrimination claim because it did not allege facts connecting the alleged conduct to a protected Title VII characteristic or establish the elements and circumstances of an ADA violation.

Questions Presented

1. Whether dismissal was warranted because Plaintiff failed to comply with the order requiring him to file a compliant second amended complaint.
2. Whether the amended complaint failed to satisfy Federal Rules of Civil Procedure 8 and 10.
3. Whether the amended complaint adequately established federal-question or diversity subject matter jurisdiction.
4. Whether the amended complaint stated a cognizable Title VII or Americans with Disabilities Act claim.

Disposition

other