Opinion
Civil No. 15-1973(NLH/AMD)
11-10-2015
LORREN CHANDLER, Plaintiff, v. DEX MEDIA, formerly known as SUPERMEDIA, Defendant.
APPEARANCES: LORREN CHANDLER 936 RUTH WAY DOVER, DE 19904 Appearing pro se ROBIN KOSHY THERESA DONAHUE EGLER OGLETREE DEAKINS NASH SMOAK & STEWART PC 10 MADISON AVENUE SUITE 400 MORRISTOWN, NJ 07960 On behalf of defendant
OPINION
APPEARANCES:
LORREN CHANDLER
936 RUTH WAY
DOVER, DE 19904
Appearing pro se
ROBIN KOSHY
THERESA DONAHUE EGLER
OGLETREE DEAKINS NASH SMOAK & STEWART PC
10 MADISON AVENUE
SUITE 400
MORRISTOWN, NJ 07960
On behalf of defendant
HILLMAN , District Judge
On October 1, 2015, this Court dismissed plaintiff's employment discrimination claims because they were time-barred. (Docket No. 17, 18.) Because plaintiff was proceeding pro se, the Court granted her leave, pursuant to Fletcher-Harlee Corp. v. Pote Concrete Contractors, Inc., 482 F.3d 247, 251 (3d Cir. 2007), to file an amended complaint within 30 days. Defendant has filed a motion for reconsideration of the Court's decision to afford plaintiff the ability to file an amended complaint with regard to purported claims under the Americans with Disabilities Act ("ADA") because those claims are also time-barred. (Docket No. 19.) Plaintiff has not opposed defendant's motion, but has asked the Court for an extension of time to file her amended complaint. (Docket No. 20.)
Plaintiff's request for an extension is due to the death of her father on October 6, 2015. --------
The Court will grant defendant's motion with regard to plaintiff's ability to reassert employment discrimination claims under the ADA for the same time period as her other dismissed claims because ADA claims alleging disability discrimination in the workplace are subject to the EEOC's exhaustion requirements. Phillips v. Sheraton Soc'y Hill, 163 F. App'x 93, 94 (3d Cir. 2005) (citing 42 U.S.C. § 2000e-5(e)(1); 42 U.S.C. § 12117(a)).
The Court will also grant plaintiff's request for an extension of time to file an amended complaint. Plaintiff shall be afforded 30 more days from the date of this Opinion to file an amended complaint. As the Court reminded her in the prior Opinion, however, plaintiff must be mindful that she should file an amended complaint only if she can do so consistent with Federal Civil Procedure Rule 11.
An appropriate Order will be entered. Date: November 10, 2015
At Camden, New Jersey
s/ Noel L. Hillman
NOEL L. HILLMAN, U.S.D.J.