Employment – Discrimination

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7^th Circuit Court of Appeals

Case Name: David Lee, et al. v. Northeast Illinois Regional Commuter Railroad

Case No.: 18-1930

Officials: BAUER, HAMILTON, and BARRETT, Circuit Judges.

Focus: Employment – Discrimination

Current and former employees filed a complaint in federal court against Northeast Regional Commuter Railroad Corporation (“Metra”) and several of its employees alleging various forms of discrimination. The plaintiffs eventually filed an amended complaint, which was met with a motion to dismiss, a second amended complaint, and an amended second amended complaint. The defendants responded to the amended second amended complaint by filing a motion to dismiss. The motion argued, just as the motion to dismiss the amended complaint did, that the complaint had several substantive deficiencies and failed to provide defendants with sufficient notice. The district court held that the plaintiffs’ repeated failure to remedy these deficiencies warranted denial of the plaintiffs’ motion for leave to file a third amended complaint. The district court then granted the defendants’ motion to dismiss holding the plaintiffs’ failure to respond to defendants’ arguments, or otherwise defend its pleadings, resulted in waiver. The plaintiffs-appellants now invite this Court to reverse both holdings. For the reasons set forth herein, we decline the invitation and affirm the district court.

Affirmed

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.