[DOWNLOAD] "Davis v. Ruby Foods" by Seventh Circuit U.S. Court of Appeals " Book PDF Kindle ePub Free

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eBook details

• Title: Davis v. Ruby Foods
• Author : Seventh Circuit U.S. Court of Appeals
• Release Date : January 18, 2001
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 58 KB

Description

Larry Davis, unrepresented, filed a complaint in federal district court against his former employer, Dunkin Donuts, charging sex discrimination in violation of Title VII as a consequence of sexual harassment by a female supervisor. The defendant moved to dismiss the complaint for failure to comply with Rule 8 of the Federal Rules of Civil Procedure. The district judge granted the motion and dismissed the suit with the simple notation that the motion was granted and the case dismissed without prejudice to Daviss filing a complying complaint by a specified date. When the date passed without his filing anything, the dismissal became a final, appealable judgment. Otis v. City of Chicago, 29 F.3d 1159, 1166-67 (7th Cir. 1994). Davis actually filed his notice of appeal the day before the judgment became final, but that does not affect our jurisdiction, as explained in Albiero v. City of Kankakee, 122 F.3d 417, 418 (7th Cir. 1997). And he can hardly be faulted for not having taken up the district judges invitation to file a new complaint. He has no lawyer, and the judge did not indicate what the deficiency in his complaint was or how it could be rectified and he could have gotten few hints from the defendants page-and-a-half motion to dismiss.

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