), Jacobs filed a charge of discrimination with the Equal Employment Opportunity Commission (EEOC), alleging violations of Title I of the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. Statute CP 10-107 and Court of Special Appeals Case No. 11-1; Right to Sue Email, ECF No. 2008); see also Ballard v. Carlson, 882 F.2d 93, 96 (4th Cir. Defendant filed a motion to dismiss under Fed.R.Civ.P. A different result might obtain if a claimant was represented and improperly advised by counsel during the statutory filing period, as most courts to address the question have held that an attorney's failure to advise a Title VII plaintiff of a filing deadline does not justify equitable tolling. Carter-Spagnolo v. Western State Hosp., 2021 WL 4482978, at *3 (W.D. 12). (ECF No. Opp. at 45 ([A lessee is] entitled to the quiet enjoyment of [the premises] during his term[. A lock ( Notably, the Federal Rules [of Civil Procedure] do not prescribe that any particular notice must be given before a Rule 12 motion is converted to a Rule 56 motion. 11). The abbreviations and comment codes are explained below. 6), it provides no allegation regarding how or when that letter was sent to Jacobs. (Jacobs Aff. (Id. (Compl. Indeed, there is authority that a plaintiff should be afforded at least one opportunity to amend a complaint before a dismissal of the case with prejudice. Rule 8(a)(2) of the Federal Rules of Civil Procedure, Rule 12(b)(6) of the Federal Rules of Civil Procedure, Rule 6(d) of the Federal Rules of Civil Procedure. Defendant has no notice of the basis for Plaintiff's appeal, thereby preventing Defendant from mounting a defense. Dep't of Pub. General Information | Maryland Courts District Court - Washington County Case Search Search for old cases presided over within the Prince George's County Circuit Court. 8, 2021) (holding that the date of delivery triggered the filing period, even when the electronic notice was filtered into the plaintiff's spam inbox). Consideration of Evidence Outside the Pleadings. The Waldorf Volunteer Fire Department was called . Mar. Beth P. Gesner Chief United States Magistrate Judge. (citation omitted). Consequently, Jacobs shall be afforded until Monday, August 14, 2023, to file an Amended Complaint. ); Malin v. Siemens Med. See Jackson v. Sprint/United Mgmt. 26, 2023). 1-2, 4.). This case concerns when a right-to-sue letter sent over email, rather than traditional mail, is presumed to have been delivered and constructively received. Courts have reasoned in other contexts that a plaintiff's effort to obtain legal representation is insufficient standing alone. Plaintiff's allegations of repeated sexual harassment and stalking by her landlord, viewed in the light most favorable to Plaintiff for the purposes of resolving this motion, describe an interference with her quiet enjoyment of the Townhome that is at least as severe as the allegations in those cases. 1999). When notice is sent over email, innumerable factors within the claimant's exclusive control could lead to unpredictable and extended delays. See, e.g., Pitts v. Baltimore Police Dep't, No. 2001); Manning v. Chevron Chem. There are, however, certain requirements that must be met for that exemption to apply. The United States Court of Appeals for the Fourth Circuit and the United States Supreme Court have yet to decide whether the FHA exemptions contained in 3603(b) are affirmative defenses. See Dethridge v. Esper, No. W.Va. Feb. 18, 2022) (recognizing that sua sponte dismissal is appropriate where it is patently obvious the plaintiff could not prevail based on the facts alleged in the complaint' (quoting Smith v. Boyd, 945 F.2d 1041, 1043 (8th Cir. 4, ECF No. Court's Name District of Maryland Southern Division; Court's Address: 6500 Cherrywood Lane, Greenbelt, MD 20770: Court's Phone Number: 301-344-0660: Under Rule 41(b), [i]f the plaintiff fails to prosecute or to comply with [the Federal Rules] or a court order, a defendant may move to dismiss the action or any claim against it. Fed.R.Civ.P. 2014) (en banc) (quoting Rouse v. Lee, 339 F.3d 238, 246 (4th Cir. Clerk of Court - Scott Poyer, Mailing address: Co. v. Partnerships & Unincorporated Assocs. Accordingly, Defendants' Motion to Dismiss (ECF No. Traffic includes both active and closed case records for moving violations, as well as serious offenses where the defendant must appear for trial (see question 5). Official websites use .gov Toll-free (in Maryland) 888-246-0615. A separate implementing Order follows. Cases are browsable by date and searchable by docket number, case title, and full text. WDQ-11-1004, 2012 WL 893256 (D. Md. (ECF No. 1978), to argue that this Court should adopt an actual receipt rule to govern the transmission of electronic materials. cannot reach the merits of an affirmative defense. Goodman v. Praxair, Inc., 494 F.3d 458, 464 (4th Cir. I.e., (1 or 8):99-cv-01234-WRE. 11-5; Pl. 11-4); and Jacobs' affidavit articulating her claim for equitable tolling (ECF No. Portal Public SubCase Search. 2003); Early v. Bankers Life & Cas. CV 1:22-361-SAL-SVH, 2022 WL 16700446, at *2 (D.S.C. 11). Access to Court Records | Maryland Courts The daily docket listing the case schedule for the Circuit Court. After conducting a thorough examination of the facts, see Harvey, 813 F.2d at 654, this Court finds that equitable tolling is appropriate in the narrow circumstances of this case. Later that evening, Defendant sent Plaintiff a text message in which he stated that he had emotional thinking to give [her a] hot kiss when she unzipped her coat that morning. These links are provided for the user's convenience. ' Whiteside v. United States, 775 F.3d 180, 184 (4th Cir. An interpretation of the 3603(b) exemptions as affirmative defenses is further supported by general principles of statutory interpretation, which suggest that the party that claims the benefits of an exception to the prohibition of a statute bears the burden of proving that it falls within that exception. are integral documents in employment discrimination actions.). (Resp. SB 314 specifies that a case where a juvenile is charged as an adult will remain confidential until the court determines whether the case will be transferred to juvenile court. . 582, 584 (7th Cir. That showing must include more than [t]hreadbare recitals of the elements of a cause of action, supported by mere conclusory statements. Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). Maryland. ] (emphasis added)); see also Bocchini, 69 Md.App. 11-3, 12-4; see also Information Related to Filing Suit, ECF No. The first name is not required. . TTY users call Maryland Relay 711 Plaintiff filed a response in opposition to the motion, (ECF No. 11-3, 12-4 Exh. On August 16, 2022, Plaintiff filed a complaint against Defendant, seeking compensatory and punitive damages for violation of the Fair Housing Act (the "FHA") and for breach of the covenant of quiet enjoyment. 18). Terms of Use/Disclaimer, Appeals to the Appellate Court of Maryland. Identified on Schedule A, No. As noted above, Jacobs claims that she was terminated after she sought leave to accommodate her disability. See Question 8, below. 1998). How to File a Case; . Today's Cases Search for old cases presided over within the Prince George's County Circuit Court. 3.) at 653. Jul. 's Resp. v. Forst, 4 F.3d 244, 250 (4th Cir. That single case, which provides no analysis as to whether the 3603(b) exemptions should be treated as affirmative defenses, is less persuasive than the weight of circuit court authority in the other direction. 12111(8); see also Rubino v. New Acton Mobile Indus., LLC, 44 F.Supp.3d 616, 622 (D. Md. I. See Silva v. Bieluch, 351 F.3d 1045, 1048 (11th Cir. While neither party disputes the authenticity of these documents and their relevance to the timeliness issue, they are not attached to the Complaint, integral to the Complaint, or otherwise subject to judicial notice. Please Note: Updated or new information is highlighted. An official website of the United States government. 16, 2023) (holding that Defendant's difficulty finding an attorney to assist with his 2255 motion is not an extraordinary circumstance sufficient to justify equitable tolling . 1997) (tolling deadline where EEOC investigator provided plaintiff with an incorrect statute of limitations); Jennings v. Am. Plaintiff India Jacobs (Jacobs) is a resident of Baltimore, Maryland, and a former Walmart employee. The plaintiff may rebut this presumption with sworn testimony or other admissible evidence from which it could reasonably be inferred either that the notice was mailed later than its typewritten date or that it took longer than three days to reach her by mail. Id. Id. v. Davis, 139 S.Ct. Janet Fletcher, Greenbelt Case Administration Supervisor 301-344-3323, Assistive Listening:BrowseAloud / ReachDeck Toolbar, Hon. 8). Both parties rely on external evidence to contest the timeliness of Jacobs' Complaint, which cannot be determined without reference to these submissions. As the 90-day filing deadline is akin to a statute of limitations, it is construed as an affirmative defense. 2000e-5(f)(1) filing deadline until August 15, 2022. As limited exceptions to this rule, courts may consider documents attached to or incorporated into the complaint, Zak v. Chelsea Therapeutics Int'l, Ltd., 780 F.3d 597, 606 (4th Cir. It is undisputed that the EEOC sent Jacobs her Notice of Right to Sue on May 12, 2022. 1999) ([N]either a plaintiff's unfamiliarity with the legal process nor his lack of representation during the applicable filing period merits equitable tolling.). Jan. 18, 2017) (Rule 6 has . The FHA exemptions in 3603(b) are best treated as affirmative defenses that the defendant bears the burden of pleading and proving. Sys., No. MdLandRec.net provides online access to Maryland land record documents. 2001); accord Reynolds v. Am. 11) is therefore DENIED on the issue of timeliness. Plaintiff also received from Defendant images of artwork that depicted portraits of nude women. 1993) (Even if [the plaintiff] did not actually know that her right-to-sue letter had arrived until she picked up the letter at the post office five days later, she still had eighty-five days from then to file her claim.); see also Asbury v. City of Roanoke, 599 F.Supp.2d 712, 719-20 (W.D. Considering these factors here, dismissal for lack of prosecution is appropriate. Jul. . Threadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice. Iqbal, 556 U.S. at 678; see A Soc'y Without a Name v. Virginia, 655 F.3d 342, 346 (4th. . Third, to state a plausible claim for retaliation, Jacobs must plead that (1) she engaged in a protected activity; (2) her employer acted adversely against her; and (3) her protected activity was causally connected to her employer's adverse action. Rhoads v. FDIC, 257 F.3d 373, 392 (4th Cir. Accordingly, the Complaint is hereby dismissed with leave to amend. 3:20CV1473, 2021 WL 1305385, at ** 3-4 (W.D. Nov. 30, 2021) (citing Zipes v. Trans World Airlines, Inc., 455 U.S. 385, 393 (1982); Fort Bend Cnty. Nor does she provide any factual basis from which this Court could infer that her termination was causally connected to her request for leave. With almost 54,000 businesses, Anne Arundel County is a major hub of commerce and development. . . 2013) (citing Fed.R.Civ.P. 1990) (stating that the religious organization and private club exemptions in 3607(a) are affirmative defenses); see also Hunt v. Aimco Props., L.P., 814 F.3d 1213, 1225 (11th Cir. Sec., No. 15). 13). Find a Case. Jacobs alleges that she had a disability and a need for a reasonable accommodation in the form of leave, and that Walmart refused to grant this accommodation. 2013). CIVIL BPG-22-2977. Ctr., 84 F.3d 522, 526 (2d Cir. 1). 11-1, at 3-6). Proceeding without legal representation, Jacobs had every reason to rely on the explicit instructions she was provided by the agency, and no reason to believe that those instructions might be inaccurate. Opp. United States District Court D Maryland Cases - FindLaw Caselaw The SSA filed the Notice of Filing of Official Transcript of Proceedings and Schedule on January 26, 2023. City Fire Dep't, 970 F.Supp.2d 418, 427 (D. Md. The different interpretation by the court in that case may be explained by its description of the provisos embedded in 3603(b) as exceptions to the exemption. Oxford House, Inc., 2012 WL 441156, at *4. Case records that a court has ordered sealed or not subject to inspection, except in conformance with the order; or in accordance with Rule 16-934(b), is the subject of pending petition to preclude or limit inspection. Other district courts in this Circuit have reached the same conclusion. PHONE: (804) 916-2700 HOURS: 8:30 am - 5:00 p.m. M-F is the federal district court whose jurisdiction is the state of Maryland.Appeals from the District of Maryland are taken to the United States Court of Appeals for the Fourth Circuit (except for patent claims and claims against the U.S. government under the Tucker Act, which are appealed to the Federal . . . ' Id. Nevertheless, while Jacobs is entitled to equitable tolling, this Court finds under Rule 12(b)(6) that Jacobs' Complaint fails to state a claim upon which relief may be granted. The first name is not required. 1995); accord Davis v. Lucent Tech, Inc., 251 F.3d 227, 234 (1st Cir. Secure .gov websites use HTTPS If you need information about court records, there is a valuable on-line tool that can help. As the record provides reasonable grounds to toll the 42 U.S.C. Safety & Corr. 6(d). Full title:EMMELEEN ULITA GILBERT v. PINGTAO TANG, Court:United States District Court, District of Maryland. Here, while Jacobs did not see her right-to-sue letter for four days, she had eighty-six additional days to file her Complaint within the statutory deadline. 07-10-2023. Cases | Prince George's County Judicial, MD See, e.g., United States v. Davis, No. Non probate property must be reported to the Register of Wills on the Information Report or Application to Fix Inheritance Tax on Non-Probate assets. 15(a)(2) (The court should freely give leave [to amend] when justice so requires.); United States ex rel. Usually posted at about 5pm the previous court business day. If so ordered, the court must remove all relevant court records from public inspection, thereby charges may appear to be missing from the sequential list of charges assessed to a case (e.g., after removal of the unit charges, the charges may display as 1, 4, and 5). Case Header Information - casesearch.courts.state.md.us See Albright v. Oliver, 510 U.S. 266, 268 (1994). Although neither party has expressly requested conversion, both parties offer evidence outside the pleadings that may only be considered if this Court converts Walmart's motion to a motion for summary judgment. (ECF Nos. The clerk is directed to mail a copy of this letter to Plaintiff and CLOSE this case. I. The first name is not required. Servs., No. Relying primarily on their evidentiary submissions, the parties spar over whether Jacobs is deemed to have received her right-to-sue letter on May 12, 2022, or May 16, 2022. Make your practice more effective and efficient with Casetexts legal research suite. To date, Plaintiff has failed to file a declination or consent. Welcome to FindLaw's searchable database of United States District Court D Maryland decisions since . 11). Find a Case (PACER) | United States Courts Mot. 5, 2022); Wolfe v. Wps Health Sols., Inc., No. Mar. Those facts do not appear in Plaintiff's complaint. The information available on MCRO is limited to case, hearing, and monetary judgment search results; case record information; Registers of Actions; monetary judgment details; and documents for publicly accessible district court case records that may also be available online . She also provides no allegations explaining how the requested accommodation was necessary in order for [her] to perform the essential functions of [her] job. See Fierce v. Burwell, 101 F.Supp.3d 543, 550 (D. Md. of Md. If needed, Maryland non-profit legal service providers utilizing CaseSearch in an effort to support Maryland litigants can request alternative non-CAPTCHA solutions by emailing bcap@mdcourts.gov. 7:07CV00240, 2007 WL 4269064, at *4 n.5 (W.D. Most of these records are public documents, available for public review. 2021). According to the operative Complaint, she was employed as a Department Manager at the Walmart in Towson, MD, between March 2016 and June 18, 2018. Southern Maryland police briefs | Crime and Fire | somdnews.com This case was initially assigned to Magistrate Judge Hurson pursuant to Standing Order 2021-12. Pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, Plaintiff India Jacobs' Complaint (ECF No. All rights reserved. 14). In making this argument, Jacobs cites Archie v. Chicago Truck Drivers, 585 F.2d 210 (7th Cir. Welcome Ctr. . 1, 2021) (observing, in another context, that the instantaneous and traceable nature of email cures the concerns with postal service). If the standard is actual notice, and an electronic right-to-sue letter is not deemed received until the claimant has personally reviewed the EEOC's email, the statutory deadline could be freely manipulated or indefinitely extended. 2006). You can sort the columns by clicking on the column header. Though pro se plaintiffs are afforded some leeway, "they as well as other . 3) is DISMISSED for failing to state a claim upon which relief can be granted. 07-13-2023 . Defendant's motion to dismiss Plaintiff's FHA claim will be denied. (Mem. Additionally, Plaintiff's failure to prosecute her case causes Defendant prejudice. Public Access Case Lookup - Arizona The Arizona Judicial Branch is pleased to offer Public Access to Court Case Information, a valuable online service providing a resource for information about court cases from 153 out of 180 . See, e.g., Putnam Fam. CAPTCHA, Completely Automated Public Turing test to tell Computers and Humans Apart, is a process used by businesses and governments for information security purposes. Maryland District Court | PACER: Federal Court Records 12(d). First, Jacobs argues that she did not have access to her email until May 16, 2022, as she was without income during the previous month and could not afford internet service or cellphone data. Red Cross, 701 F.3d 143, 154 (4th Cir. 2011)), documents that are properly subject to judicial notice, Philips v. Pitt Cnty. Jacobs v. Walmart, Inc., CIVIL RDB-22-2666 | Casetext Search + Citator UNITED STATES OF AMERICA Plaintiff, v. ISAAC M. NEUBERGER Defendant. However, the three-day presumption is inapplicable to notice sent by email. Judge Hurson advised Plaintiff that if she did not do so by March 27, 2023, her complaint may be dismissed pursuant to Federal Rule of Civil Procedure 41(b). Second, to state a claim for wrongful discharge, Jacobs must allege that: (1) [she] is within the ADA's protected class; (2) [she] was discharged; (3) at the time of [her] discharge, [she] was performing the job at a level that met [her] employer's legitimate expectations; and (4) [her] discharge occurred under circumstances that raise a reasonable inference of unlawful discrimination. Coursey v. Univ. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. SEARCH COURT CASES / RECORDS LOCATIONS & PHONE NUMBERS CONTACT US QUICK LINKS District Court of Maryland Welcome Click here for all COVID-19 information related to the courts. For partial name searches, input at least the first character of the last name, followed by a % symbol. . 1; see also Pl. Dev., 32 F.Supp.2d 257, 264 (D. Md. To further that cause, the Maryland Judiciary has implemented CAPTCHA technology to confirm users are not robots or other automated systems in order to access and use CaseSearch. The doctrine of equitable tolling is available in those rare instances where-due to circumstances external to the party's own conduct-it would be unconscionable to enforce the limitation against the party and gross injustice would result. Standing alone, the first two arguments are insufficient to justify equitable tolling. The statute of limitations provides a maximum period of time after a violation of civil or criminal law can no longer be prosecuted in court. 2012). Half a million people call the county home. Jacobs claims that she did not see the EEOC's letter until May 16, 2022, that she lacked legal representation throughout the filing period, and that the EEOC's assurances led her to believe that her submission would be timely. Search Court Records . Finally, other sanctions less drastic than dismissal would be of little effect here, as Plaintiff has failed to meet the low bar of giving the Court any indicat[ion] that [she] intend[s] to proceed with [her] complaint. ECF 11, at 1. Circuit Court for Anne Arundel County Ultimately, if the actual date of receipt is confirmed by evidence, that date governs. Nguyen v. Inova Alexandria Hosp., 187 F.3d 630, 1999 WL 556446, at *3 (4th Cir.
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