United States District Court, W.D. Tennessee, Western Division
ANGELA L. JOHNSON, Plaintiff,
BAPTIST MEMORIAL HEALTH CARE CORPORATION and BAPTIST MEMORIAL MEDICAL GROUP, INC., Defendants.
H. MAYS, JR. UNITED STATES DISTRICT JUDGE
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.)
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.)
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.
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.
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.)
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.)
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.)
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.)
moves to dismiss Johnson's Title VII claims as
time-barred. (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.)
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.
Standard of Review