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Johnson v. Baptist Memorial Health Care Corp.

United States District Court, W.D. Tennessee, Western Division

November 7, 2019

ANGELA L. JOHNSON, Plaintiff,
v.
BAPTIST MEMORIAL HEALTH CARE CORPORATION and BAPTIST MEMORIAL MEDICAL GROUP, INC., Defendants.

          ORDER

          SAMUEL H. MAYS, JR. UNITED STATES DISTRICT JUDGE

         This is an employment discrimination and retaliation case. Before the Court are three motions. The first motion is Defendant Baptist Memorial Medical Group, Inc.'s (“BMMG”) July 26, 2019 Motion to Dismiss Plaintiff's Amended Complaint. (ECF No. 43.) BMMG argues that Plaintiff Angela Johnson's claims under Title VII of the Civil Rights Act of 1964 (“Title VII”), as amended, 42 U.S.C. §§ 2000e, et seq., are time-barred. Johnson responded on September 18, 2019. (ECF No. 49.) BMMG replied on October 2, 2019. (ECF No. 54.)

         The second motion is BMMG's October 2, 2019 Motion to Strike Johnson's Late-Filed Response to BMMG's Motion to Dismiss (BMMG's “First Motion to Strike”). (ECF No. 54.) Johnson responded on October 15, 2019. (ECF No. 61.) BMMG replied on October 24, 2019. (ECF No. 67.)

         The third motion is BMMG's October 22, 2019 Motion to Strike Johnson's Sur-Reply and Memorandum in Support (BMMG's “Second Motion to Strike”). (ECF No. 64.) Johnson has not filed a response, and the time to do so has passed.

         For the following reasons, the Court GRANTS BMMG's Motion to Dismiss. The Court GRANTS BMMG's First Motion to Strike. The Court GRANTS BMMG's Second Motion to Strike.

         I. Background

         BMMG is a subsidiary of Baptist Memorial Health Care Corporation (“BMHCC”). (Am. Compl., ECF No. 41 ¶ 7.) Johnson is a former BMMG employee. (Id.) She worked for BMMG as a Patient Finance Representative from August 2013 to July 2016. (Id. ¶¶ 8, 17.)

         On October 28, 2015, Johnson filed a Charge of Discrimination with the U.S. Equal Employment Opportunity Commission (the “EEOC”) alleging that she had been denied a promotion because of her race. (Id. ¶ 12.) The October 28, 2015 Charge of Discrimination listed BMMG as the respondent. (Id. Ex. 1.) On April 26, 2018, the EEOC sent Johnson a Notice of Suit Rights based on this Charge of Discrimination. (Id. ¶ 13.)

         On July 7, 2016, Johnson filed a second Charge of Discrimination with the EEOC alleging that she had been retaliated against for filing the October 28, 2015 Charge of Discrimination. (Id. ¶¶ 14-18.) The July 7, 2016 Charge of Discrimination listed BMHCC as the respondent. (Id. Ex. 3.) On May 22, 2018, the EEOC sent Johnson a Notice of Suit Rights based on this Charge of Discrimination. (Id. ¶ 19.)

         On July 24, 2018, Johnson filed a Complaint against BMHCC alleging race-based discrimination and retaliation in violation of: (1) Title VII; (2) Section 1981 of the Civil Rights Act of 1866, as amended, 42 U.S.C. § 1981; and (3) the Fourteenth Amendment of the United States Constitution. (ECF No. 1 at 1-2.) On July 12, 2019, Johnson filed an Amended Complaint adding BMMG as a defendant. (ECF No. 41.)

         BMMG moves to dismiss Johnson's Title VII claims as time-barred.[1] (ECF No. 43.) BMMG moves to strike Johnson's untimely response to BMMG's Motion to Dismiss. (ECF No. 54.) BMMG moves to strike Johnson's sur-reply to its Motion to Dismiss. (ECF No. 64.)

         II. Jurisdiction

         The Court has federal-question jurisdiction. Under 28 U.S.C. § 1331, United States district courts have original jurisdiction “of all civil actions arising under the Constitution, laws, or treaties of the United States.” Johnson alleges that BMMG violated Title VII, 42 U.S.C. § 1981, and the Fourteenth Amendment of the United States Constitution. Those claims arise under the Constitution and laws of the United States.

         III. Standard of Review

         A. ...


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