Automated Summary
Key Facts
Plaintiff Yvonne DeJesus filed a discrimination and wrongful termination lawsuit against her former employer UnitedHealth Group and supervisor Jennifer Quesenberry, alleging race discrimination, retaliation, and potential Americans with Disabilities Act claims. United States Magistrate Judge Elayna Youchah screened the complaint under 28 U.S.C. § 1915(e)(2). The court overruled DeJesus's objection to the magistrate judge's report and recommendation, accepting that claims against Quesenberry must be dismissed with prejudice because there is no individual liability under Title VII or the ADA. The court deferred ruling on the second report and recommendation while granting DeJesus until July 30, 2025 to file an amended complaint that must include all claims and factual allegations without reference to prior pleadings. If DeJesus fails to comply with this order, the court will dismiss the case.
Issues
- The court orders Plaintiff DeJesus to file an amended complaint by July 30, 2025, which must contain a short and plain statement demonstrating her charge of discrimination included a retaliation claim and, if seeking to assert a claim under the ADA, a claim alleging disability discrimination.
- The court overrules Plaintiff DeJesus's objection to the Magistrate Judge's first report and recommendation, accepting that claims against supervisor Jennifer Quesenberry be dismissed with prejudice because there is no individual liability under Title VII or the ADA.
- The court defers ruling on the Magistrate Judge's second report and recommendation that the case be dismissed for failure to comply with the court's order, allowing DeJesus an opportunity to file an amended complaint.
Holdings
The court overrules Plaintiff DeJesus's objection to the magistrate judge's first report and recommendation, accepting that claims against supervisor Jennifer Quesenberry are dismissed with prejudice because there is no individual liability under Title VII or the ADA. The court defers ruling on the second report and recommendation regarding dismissal for failure to comply with orders. DeJesus is ordered to file an amended complaint by July 30, 2025, containing race discrimination, disability discrimination, and retaliation claims with exhaustion of administrative remedies demonstrated. The amended complaint must be complete without reference to prior pleadings.
Remedies
The court overruled Plaintiff Yvonne DeJesus's objection to the Magistrate Judge's first report and recommendation, accepting and adopting the recommendation that dismiss claims against Jennifer Quesenberry with prejudice. The court deferred ruling on the second report and recommendation. Plaintiff was granted an extension of time to file an amended complaint by July 30, 2025, but failure to comply may result in dismissal of the entire case with prejudice.
Legal Principles
The court applies Ninth Circuit precedent establishing that individuals who do not meet the statutory definition of 'employer' cannot be held liable under Title VII or the ADA. Based on Miller v. Maxwell's Int'l (991 F.2d 583) and Padway v. Palches (665 F.2d 965), the court finds that 42 U.S.C. § 2000e-2 speaks of unlawful practices by the employer, not unlawful practices by officers or employees of the employer. Claims against Jennifer Quesenberry (a supervisor) are dismissed with prejudice as a matter of law.
Precedent Name
- Padway v. Palches
- Miller v. Maxwell's Int'l
Cited Statute
- Title VII and ADA Employer Liability Statute
- Magistrate Judge Report and Recommendation Objections
- In Forma Pauperis Screening Statute
Judge Name
- Cristina D. Silva, United States District Judge
- Elayna Youchah, United States Magistrate Judge
Passage Text
- I therefore overrule DeJesus's objection and accept Judge Youchah's recommendation that I dismiss the claims against Quesenberry with prejudice. However, because I am allowing DeJesus an opportunity to amend, I defer ruling on the magistrate judge's second R&R and do not dismiss at this time.
- IT IS FURTHER ORDERED that if DeJesus chooses to file an amended complaint it must be filed by July 30, 2025. As outlined in Judge Youchah's order, the document must be titled 'Amended Complaint.' The amended complaint must contain a short and plain statement demonstrating her charge of discrimination included a retaliation claim and, if she is seeking to assert a claim under the ADA, a claim alleging disability discrimination.
- IT IS HEREBY ORDERED that DeJesus's objection [ECF No. 8] is overruled, and the magistrate judge's report and recommendation [ECF No. 5] is accepted and adopted in its entirety.