Servando Jordan Delgadillo v. Cumberland University

Summary

This Report and Recommendation addresses Cumberland University’s Rule 12(b)(6) motion to dismiss claims brought by pro se plaintiff Servando Jordan Delgadillo. The magistrate judge recommends dismissal of the plaintiff’s Title IX claims for failure to state a claim and declining supplemental jurisdiction over the remaining state-law claims. The recommendation also rejects the defendant’s request for attorney fees and costs under Tennessee law.

Holdings

1. The amended complaint did not plausibly state a Title IX claim because it failed to allege that Cumberland University received federal financial assistance, a threshold requirement for Title IX coverage, and otherwise failed to plead sufficient facts showing sex discrimination.
2. The amended complaint did not plausibly state a Title IX claim based on wrongful disciplinary action.
3. The amended complaint did not plausibly state a Title IX retaliation claim because it did not allege facts showing protected activity or a sufficiently adverse action.
4. The court should decline to exercise supplemental jurisdiction over Plaintiff's remaining state-law claims after dismissal of all claims within the court's original jurisdiction.

Questions Presented

1. Whether the amended complaint plausibly stated a Title IX discrimination claim based on allegations concerning accusations of harassment, access to messages, and alleged university conduct.
2. Whether the amended complaint plausibly stated a Title IX claim based on alleged wrongful disciplinary action.
3. Whether the amended complaint plausibly stated a Title IX retaliation claim based on the alleged issuance of a do-not-contact order.
4. Whether the court should decline supplemental jurisdiction over the remaining state-law claims after dismissal of all federal claims.
5. Whether Defendant established a basis for an award of attorney fees, costs, and expenses under Tennessee Code Annotated section 20-17-107(a).

Disposition

other