Smith v. Chase

Full title: Brandi Shakia Smith, Plaintiff, v. Gail Chase, et al., Defendants.

Court: United States District Court, District of Arizona

Date published: Feb 6, 2023

Facts

Freedom Senior Management (“FSM”), which is not a party to this lawsuit, owns and manages retirement communities. In March 2018, Plaintiff, Ms. Brandi Shakia Smith, was employed as a part-time activities assistant at one of FSM’s communities, Thunderbird Senior Living (“Thunderbird”), in Glendale, Arizona. On March 1, 2018, the plaintiff alleges that she made a verbal complaint about the presence of a coworker’s dog in their workplace. Plaintiff claims that after she voiced her initial complaints, this coworker, Ms. Kimberly Romero, a Human Resources Director at Thunderbird, sought to limit Plaintiff’s communication with Thunderbird’s staff “by verbal use of coercive force.” (Doc. 1 at 6.) After that, on March 10, 2018, Plaintiff claimed that FSM’s Arts and Leisure Director, Ms. Valerie Leethip, posted a scheduling change and hired two new Activities Assistants, even though Plaintiff was available for employment at that time.

Issue

Decision

Accordingly, IT IS THEREFORE ORDERED that Defendant’s Motion to Dismiss for Lack of Jurisdiction (Doc. 11) is granted, and Plaintiff’s claims against the parties (Doc. 1) are dismissed without prejudice. The Clerk of Court is directed to terminate this action.

IT IS FURTHER ORDERED that the remaining motions are denied as moot, including Defendants’ Motion for Order Requiring Plaintiff to Obtain Leave of Court Before Submitting Additional Filings (Doc. 45), Plaintiff’s Request for Answer of Judgment (Doc. 34), Request for Arbitration and Award (Doc. 35), Motion for Court-Ordered Relief or Court Order (Doc. 39), Request for Pre-trial Conference (Doc. 47), Motion to Strike Defendant’s Motion for an Order to Obtain Leave of Court and Motion to Strike Defendants’ Opposition of Plaintiff’s Memorandum of Points and Authorities in Support of its Motion for Summary Judgment (Doc. 49), Motion for Summary Judgment  (Doc. 51), Motion and Certification to Appoint an Expert (Doc. 54), and Motion for Order for Delivery of Possession (Doc. 55).

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