Stinson v. Simplexgrinnell LP

2004 | Cited 0 times | D. Maine | December 14, 2004

ORDER ON PLAINTIFF'S MOTION TO AMEND COMPLAINT AND ON DEFENDANT'S MOTION TO DISMISS

I treat the plaintiff's response to the defendant's motion to dismiss as a motion for leave to file an amended complaint, and the motion to amend is GRANTED . Any amended complaint shall be filed by December 23, 2004. I observe, however, that it is unclear whether the plaintiff understands that Maine's Human Rights Act does not protect employees from (or forbid retaliation based on opposition to) all hostile work environments, only those where the hostility proceeds from one of the prohibited characteristics (such as sex). See 5 M.R.S.A. §§ 4572(1)(A), 4633. I will wait to see if the plaintiff, consistent with Federal Rule of Civil Procedure 11(b), alleges activity that states a claim. The defendant's motion to dismiss is DENIED , subject to its being renewed if the plaintiff fails to amend her complaint adequately.

SO ORDERED.

DATED THIS 14TH DAY OF DECEMBER, 2004

D. BROCK HORNBY UNITED STATES DISTRICT JUDGE

Back to top