Aragones v. Greater Hudson Valley Health System
- Kenneth Karas
- 7:21-cv-00369
- U.S. District Court · Southern District of New York
- 4
In Aragones v. Greater Hudson Valley Health System, Judge Louis L. Stanton ordered the pro se plaintiff to file a complaint within 60 days because her filings lacked allegations.
Sirena Aragones, who was given 60 days to file a compliant amended complaint; the action could be dismissed without prejudice if she failed to comply without showing good cause.
What happened
Sirena Aragones appeared without a lawyer and seemed to be attempting to bring federal employment-discrimination claims against Greater Hudson Valley Health System. She filed an Equal Employment Opportunity Commission right-to-sue letter and a request to proceed without paying filing fees, but not a complaint.
The court explained that a complaint must state the basis for federal jurisdiction, the facts supporting the claim, and the relief requested. The filings did not contain allegations and therefore did not meet those requirements.
Judge Louis L. Stanton granted Aragones leave to file an amended complaint within 60 days, instructed her to provide facts and other required information, and stated that no summons would issue at that time. The order said the action would be dismissed without prejudice if she failed to comply without showing good cause.
The detailed version
- Aragones v. Greater Hudson Valley Health System · No. 7:21-cv-00369
- Kenneth Karas
- Mar. 8, 2021
Background
Sirena Aragones appeared without a lawyer and seemed to be attempting to assert federal employment-discrimination claims against Greater Hudson Valley Health System. She filed an Equal Employment Opportunity Commission dismissal and notice of rights, also called a right-to-sue letter, issued on October 13, 2020. She also requested permission to proceed without paying filing fees, which the court had granted in an order dated March 1, 2021.
The right-to-sue letter stated that the Equal Employment Opportunity Commission had adopted the findings of a state or local fair-employment agency that investigated Aragones's discrimination charge and had sent the letter to Greater Hudson Valley Health System. Neither the letter nor the filing-fee request contained allegations describing Aragones's claims.
Court's Analysis
The court explained that a civil action begins when a plaintiff files a complaint. Federal rules require a complaint to provide a short and plain statement of the court's jurisdiction, the claim showing an entitlement to relief, and the requested relief. It must also properly identify the parties and include the required caption. The court further explained that the facts must make a claim plausible, rather than merely possible.
Because Aragones had not filed a complaint and her submitted documents did not satisfy these requirements, the court directed her to provide more information. The court considered her status as a self-represented plaintiff and granted her an opportunity to amend.
Disposition
Judge Louis L. Stanton granted Aragones leave to file an amended complaint within 60 days of the order. The amended complaint had to state the relevant facts for each claim, identify relevant people and their titles, describe the events and when and where they occurred, explain her injuries, and identify the relief sought. The court permitted her to attach relevant documents, including the right-to-sue letter.
The Clerk was directed to mail Aragones a copy of the order and record service on the docket. No summons would issue at that time. The court stated that, if Aragones did not comply within the allowed period and could not show good cause for the failure, it would dismiss the action without prejudice for failure to comply with the order.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.