Opinion

Holcomb v. EEOC

Court
District Court, S.D. Florida
Filed
Feb 16, 2024
Cited by
0 cases
Authority
More cited than 20.2%

The opinion

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

Case No. 23-cv-24781 BLOOM/Torres

GLYNDA HOLCOMB,

Plaintiff,

v.

EQUAL EMPLOYMENT OPPORTUNITY

COMMISSION, et al.,

Defendants.

________________________________/

ORDER OF DISMISSAL WITHOUT PREJUDICE

THIS CAUSE is before the Court upon a review of pro se Plaintiff Glynda Holcomb’s

(“Plaintiff”) Complaint, ECF No. [1]. Plaintiff has also filed a Motion for Leave to Proceed in

Forma Pauperis, and a Motion for Referral to the Volunteer Attorney Program, ECF Nos. [3],[5].

For the reasons that follow, Plaintiff’s Complaint is dismissed without prejudice and the remaining

Motions are denied as moot.

I. BACKGROUND

Plaintiff filed her Complaint against certain entities, alleging she was discriminated against

at various career centers in Miami-Dade Country between November 2019 and February 2020.

Plaintiff was prompted to visit the career centers to apply for jobs for the then-upcoming

Superbowl LIV. However, Plaintiff alleges she was discriminated against based upon strategic

exclusion in hiring practices, and she was never called upon to work during the Superbowl LIV.

II. LEGAL STANDARD

a. Pro se

Because Plaintiff is a pro se litigant who has not paid the required filing fee, the

screening provisions of 28 U.S.C. section 1915(e) apply. Under the statute, courts are permitted

to dismiss a suit “any time [] the court determines that . . . (B) the action or appeal . . . (i) is

frivolous or malicious; (ii) fails to state a claim on which relief may be granted; or (iii) seeks

monetary relief against a defendant who is immune from such relief.” 28 U.S.C. § 1915(e)(2).

b. Shotgun Pleading

Federal Rule of Civil Procedure 8(a)(2) requires that a pleading contain a “short and plain

statement of the claim” showing that the pleader is entitled to relief. Fed. R. Civ. P. 8(a)(2).

Thereunder, “a complaint must contain sufficient factual matter, accepted as true, to ‘state a claim

to relief that is plausible on its face.’” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Bell

Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007)). The complaint must “give the defendant fair

notice of what the claim is and the grounds upon which it rests[.]” Twombly, 550 U.S. at 555

(cleaned up).

“Complaints that violate either Rule 8(a)(2) or Rule 10(b), or both, are often disparagingly

referred to as ‘shotgun pleadings.’” Weiland v. Palm Beach Cnty. Sheriff’s Off., 792 F.3d 1313,

1320 (11th Cir. 2015). One type of shotgun pleading complaint is one that is “guilty of the venial

sin of being replete with conclusory, vague, and immaterial facts not obviously connected to any

particular cause of action.” Id. at 1322. The unifying characteristic of all types of shotgun pleadings

is that they fail to one degree or another, and in one way or another, to give the defendants adequate

notice of the claims against them and the grounds upon which each claim rests. Id. Such a shotgun

pleading makes it “virtually impossible to know which allegations of fact are intended to support

which claim(s) for relief.” Anderson v. Dist. Bd. of Trs., 77 F.3d 364, 366 (11th Cir. 1996).

Therefore, “shotgun pleadings are routinely condemned by the Eleventh Circuit.” Real Est. Mortg.

Network, Inc. v. Cadrecha, No. 8:11-cv-474, 2011 WL 2881928, at *2 (M.D. Fla. July 19, 2011)

(citing Pelletier v. Zweifel, 921 F.2d 1465, 1518 (11th Cir. 1991)).

III. DISCUSSION

A. The Complaint is a shotgun pleading

Plaintiff’s Complaint is a quintessential shotgun pleading in violation of Rule 8(a)(2). The

Complaint is replete with conclusory, vague, and immaterial facts not obviously connected to any

particular cause of action. Plaintiff brought this action against the Equal Employment Opportunity

Commission (“EEOC”), the South Florida Workforce Investment Board of South Florida

(“Workforce Investment Board”), and CareerSource of South Florida and Miami-Dade

(“CareerSource”) for events that took place between November 2019 and February 2020 when

seeking employment at various career centers within Miami-Dade County.

The Complaint consists of five counts and the allegations include: failure of the Workforce

Investment Board and CareerSource to use reasonable care to protect against civil rights violations

and discriminatory acts against protected class members; past and potential future employment

discrimination, retaliation, and hiring exclusion across the State of Florida; loss of equal

opportunities in employment due to “blowing the whistle.” See generally ECF No. [1].

In Count I, titled Right to Sue Claim, 21 U.S.C. § 1983, 42 U.S.C. § 1983; Title VI, Title

VII, Plaintiff alleges a liaison for CareerSource “yelled and cursed at” another person assisting job

applications for allowing her into a room designated for job seekers. Id. at 4. Plaintiff alleges

CareerSource and the Workforce Investment Board have a general disregard for “the lives of those

in contrast to their own” and therefore failed to use reasonable care to protect against the civil

rights violations she experienced, witnessed, or believed could have occurred. Id. Plaintiff then

references the Whistleblower Enhancement Act of 2017 without indicating what facts may apply

or why it is applicable. Id.

In Count II, bearing the title Employment/Applicant Discrimination 42 U.S.C 2000d,

Plaintiff alleges that “Defendant Miami-Dade County” has been contacted regarding a separate

complaint on human rights, and “negligently violated one’s official duty. Reasonable care is

mandatory.” Id. at 8-9. Miami-Dade County is not a named defendant in this action. Moreover, it

remains unclear what actions are directed against the named Defendants in this action.

In Count III bearing the title Negligent Hiring and/or Negligent Supervision, Plaintiff

asserts an illegal conspiracy existed between the Miami District EEOC Office and the County’s

attorneys to abandon her EEOC complaint. Id. at 9. Plaintiff has failed to allege facts that satisfy

the elements for a cause of negligent hiring. Id. at 6.

In Plaintiff’s Count IV for EEOC Violations, Plaintiff argues that “Defendant EEOC’s

sovereign immunity is subject to removal due to Plaintiff’s participation in an employment

discrimination proceeding.” Id. at 9-10. Plaintiff alleges, ostensibly due to her EEOC complaint,

that she “began to experience intimidation, harassment, verbal attacks, and other heinous acts

aboard public transportation, in public spaces” some of which were captured on video. Id. Those

allegations are plainly unrelated to the any potential claim or Defendant in this action. Plaintiff

never attempts to connect the alleged harassment to any entity named in her Complaint. Instead,

she simply asserts she experienced some harassment in public. This is precisely the type of shotgun

pleading that the Eleventh Circuit has repeatedly condemned, producing counts “with factual

allegations [and legal conclusion] that could not possibly be material to [them]. Magluta v.

Samples, 256 F.3d 1282, 1284 (11th Cir. 2001) (alterations added).

Finally, Plaintiff’s Count V: Violations of Fair Employment Practices and Rights per

42 U.S.C. § 1201, Plaintiff alleges that she was never contacted to work, and her earlier complaints

with the EEOC and the Commission on Human Rights of Miami-Dade County were mishandled.

Id. at 13. Plaintiff alleges that the entities behaved with deliberate indifference to her constitutional

rights and argues that “[p]rompt payment of damages is required when such actions are made

plain.” Id.

In Plaintiff’s prayer for relief, she seeks “all appropriate relief at law and in equity;”

injunctive relief, potentially garnishing Miami-Dade County, and compensatory, punitive, and

special damages. Id. at 21. Plaintiff attached an “Initial Schedule of Settlement Conference”

wherein she seeks a “formal investigation, research, and findings into the discriminatory hiring

practices” and indicates that a “one-time lump sum payment of $500 Million USD would be great.”

ECF No. [1] at 21. The Initial Schedule is apparently from a prior case already dismissed as it

predates the filing in this action, and names another judge in its header. Id. at 19-22.

At bottom, the Complaint fails to specify which claims are asserted against which

Defendant. Additionally, Plaintiff relies on conclusory statements rather than factual allegations

without connection to either a related law or the entities she has named. She notes one liaison

yelled at another, she was harassed by unnamed persons in public, and the allegations of conspiracy

between the EEOC and Miami-Dade are not connected to any of the claims stated. Noting that

Plaintiff is filing pro se, her Complaint has been held to a less stringent standard than one submitted

by counsel. Jones v. N.L.R.B., 675 F. App’x 923, 925 (11th Cir. 2017). Nevertheless, Plaintiff’s

Complaint fails as a shotgun pleading and is due for dismissal.

B. Plaintiff’s record of meritless filings

The Court notes that Plaintiff has filed numerous complaints based on the same core set of

allegations in this district previously. On December 13, 2021, Plaintiff filed a complaint in Case

No. 21-cv-24322, Holcomb v. EEOC et al.; this case was initially dismissed on December 17,

2021. ECF No. [6] Plaintiff filed an Amended Complaint on January 5, 2022, which that court

permitted, but the case was dismissed again on June 15, 2022, for failure to perfect service. ECF

Nos. [8, 22].

On May 17, 2022, Plaintiff again filed a complaint in this district, 22-cv-21530, Holcomb

v. EEOC, et al. alleging employment discrimination based upon her race and disability. Therein,

Plaintiff sought relief including “a one-time $500 Million United States Dollar Settlement.” ECF

No. [1] at 10. This case was dismissed without prejudice on June 10, 2022, for failure to state a

claim. ECF No. [6]. Plaintiff’s next case, 23-cv-22362, Holcomb v. EEOC, et al., initially filed on

June 26, 2023, was dismissed on November 6, 2023. ECF No. [41].

On December 4, 2023, Plaintiff filed another complaint based on the same core set of

allegations, Holcomb v. EEOC et al, Case No. 23-cv-24571. On December 6, 2023, this case was

dismissed without prejudice as a shotgun pleading. ECF No. [7]. On December 6, 2023, Plaintiff

was advised in the order dismissing her complaint in 23-cv-24571, that “continued filing of

meritless lawsuits could be grounds for th[e] Court to impose sanctions pursuant to Rule 11 of the

Federal Rules of Civil Procedure.” See Holcomb v. EEOC, et al., No. 23-24571-CIV-Altonaga, at

3 n.2 (citing Copemann v. Fundenburg, No. 10-cv-00229, 2011 WL 5248106, at *3 (N.D. Fla.

Oct. 3, 2011)). On December 18, 2023, Plaintiff filed an amended complaint in the case which had

just been closed, 23-24571-CIV-Altonaga, along with various motions. See ECF Nos. [8-12].

Despite the explicit warning that continued meritless filings could be grounds for imposing a filing

sanction, Plaintiff initiated this action and filed her Complaint in this Court, 23-cv-24781 on the

same date, December 18, 2023. This Court now warns Plaintiff, for the second time, that the

continued filing of meritless lawsuits will be grounds for the Court to impose sanctions pursuant

Case No. 23-cv-24781 BLOOM /Torres

to Rule 11 of the Federal Rules of Civil Procedure.

IV. CONCLUSION

Accordingly, it is ORDERED AND ADJUDGED as follows:

1. Plaintiff's Complaint, ECF No. [1], is DISMISSED WITH PREJUDICE.

2. The Clerk of Court is directed to CLOSE this case.

3. To the extent not otherwise disposed of, any scheduled hearings are CANCELLED,

all pending motions are DENIED AS MOOT, and all deadlines are TERMINATED.

DONE AND ORDERED in Chambers at Miami, Florida, on February 16, 2024.

BETH BLOOM

UNITED STATES DISTRICT JUDGE

ce: counsel of record

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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