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Smith v. Mission Hospital

United States District Court, W.D. North Carolina, Asheville Division

January 8, 2018

BECKY A. SMITH, Plaintiff,
v.
MISSION HOSPITAL, Defendant.

          ORDER

          Dennis L. Howell, United States Magistrate Judge

         Pending before the Court is Defendant's Motion to Strike [# 12]. On August 14, 2017, pro se Plaintiff filed her Complaint [# 1]. On September 12, 2017, Plaintiff filed her Amended Complaint [# 4]. On October 30, 2017, Defendant filed its Motion to Dismiss for Failure to State a Claim [# 7]. On November 16, 2017, Plaintiff filed a Response to the motion to dismiss [# 10]. On November 17, 2017, Plaintiff filed an additional Response to the motion to dismiss [# 11]. On November 27, 2017, Defendant filed its Motion to Strike Plaintiff's Responses [# 12]. Defendant asks the Court to strike Plaintiff's responses because the responses do not directly respond to Defendant's Motion to Dismiss and attempt to supplement the Amended Complaint with facts and evidence.

         Background.

         In the Amended Complaint, Plaintiff alleges employment discrimination, including termination, based on sex and religion [# 4]. Plaintiff's Amended Complaint contains: (1) WDNC-EEOC Complaint form; (2) a typed narrative of the allegations; and (3) a list of other people Plaintiff believes Defendant has discriminated against.

         Defendant's Motion to Dismiss and Memorandum in Support responds to the Amended Complaint stating that it lacks the facts to allege employment discrimination [# 7 & 8].

         In Plaintiffs first response, Plaintiff requests that the Motion to Dismiss be denied [# 10]. Plaintiff states that she submits a response that she created during an EEOC investigation. Plaintiff then states that “I have copies of documents, receipts, phone records, texts [sic] messages, emails, faces, supporting everything that can back up the evidence to prove and support this case in a court of Law” [# 10]. The remaining thirty-three pages of the first response include copies of:

• Emails between Plaintiff and an EEOC investigator
• A PowerPoint presentation on social media in the workplace (including Facebook)
• Emails between Plaintiff and an employee of Mission Hospital
• A Mission Hospital FMLA Request for Leave form
• A four-page handwritten narrative of an alleged HIPPA violation
• Job postings for which Plaintiff had applied
• A receipt for a legal ...

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