Johnson v. DCM Erectors, Inc.
1:15-cv-05415
S.D.N.Y.Apr 21, 2017Background
- Derrick Johnson, a pro se plaintiff and welder, sued DCM Erectors, Inc. alleging race-based wrongful termination under Title VII, NYSHRL, and NYCHRL after being terminated on June 29, 2012.
- Johnson filed an EEOC charge on August 2, 2012; he later alleged he never received a right-to-sue letter as of July 8, 2015 when he filed this action.
- Discovery revealed the EEOC emailed a charge form to Johnson on March 6, 2013 which he did not return; the EEOC therefore dismissed and mailed a right-to-sue letter on April 17, 2013 (presumed received April 20, 2013).
- Johnson filed this federal suit on July 8, 2015 — well beyond the 90-day period after receipt of the right-to-sue letter required for Title VII suits.
- Johnson did not oppose defendant’s summary judgment motion and failed to comply with multiple court discovery orders and repeated directives not to file unnecessary motions regarding service of process.
- The court granted defendant’s motion for summary judgment on timeliness grounds, declined supplemental jurisdiction over state and city claims, and alternatively dismissed for willful noncompliance with court orders.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of Title VII suit | Johnson contends he never received a right-to-sue letter and thus suit was timely filed | EEOC mailed right-to-sue letter April 17, 2013; suit filed July 8, 2015, so beyond 90 days | Court presumed mailing/receipt April 20, 2013; Title VII claim untimely; summary judgment for defendant |
| Equitable tolling of Title VII deadlines | Johnson implies lack of receipt excuses delay | No evidence of delayed mailing, nonreceipt, or circumstances warranting tolling | No evidence to rebut presumption of mailing/receipt; equitable tolling not warranted |
| Supplemental jurisdiction over NYSHRL & NYCHRL claims | N/A — Johnson sought relief on state/city claims tied to federal claim | Defendant urged dismissal of federal claim and decline of supplemental jurisdiction | Court dismissed federal claim and declined to exercise supplemental jurisdiction over state and city claims |
| Sanctions / Dismissal for discovery noncompliance | N/A; Johnson failed to comply with discovery and continued filing improper motions | DCM moved for dismissal under Rule 37 and court’s inherent powers | Court alternatively dismissed claims for willful noncompliance with discovery orders and warned behavior; dismissal appropriate |
Key Cases Cited
- Anderson v. Liberty Lobby, 477 U.S. 242 (summary judgment standard)
- Sherlock v. Montefiore Med. Ctr., 84 F.3d 522 (presumption of receipt of mailed right-to-sue letter after three days)
- Pietras v. Bd. of Fire Comm’rs of Farmingville Fire Dist., 180 F.3d 468 (EEOC charge requirement for Title VII)
- Francis v. City of New York, 235 F.3d 763 (administrative exhaustion under Title VII is essential)
- Zipes v. Trans World Airlines, 455 U.S. 385 (administrative exhaustion subject to equitable tolling)
- Baldwin Cty. Welcome Ctr. v. Brown, 466 U.S. 147 (statutory timing for filing after receipt of right-to-sue notice)
- Agiwal v. Mid Island Mortg. Corp., 555 F.3d 298 (factors for dismissal as discovery sanction)
- Chambers v. NASCO, 501 U.S. 32 (inherent power to sanction litigants)