§Why CasetextPricing

Thompson v. United States Department of Agriculture et al

MOTION to Dismiss for Failure to Serve, Failure to Administratively Exhaust and, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support

38 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 262,920 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 276,185 times   369 Legal Analyses
    Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing

  3. Baldwin Cty. Welcome Ctr. v. Brown

    466 U.S. 147 (1984)   Cited 2,671 times   3 Legal Analyses
    Holding that a plaintiff "who fails to act diligently cannot invoke equitable principles to excuse that lack of diligence"

  4. Brown v. General Services Administration

    425 U.S. 820 (1976)   Cited 2,266 times
    Holding that federal employee who missed deadline for filing Title VII claim could not bring suit based on alleged discriminatory conduct under Declaratory Judgment Act

  5. Bryant v. Rich

    530 F.3d 1368 (11th Cir. 2008)   Cited 1,368 times
    Holding that denying access to grievance forms can make an administrative remedy unavailable

  6. Davis v. Coca-Cola Bottling

    516 F.3d 955 (11th Cir. 2008)   Cited 969 times   2 Legal Analyses
    Holding that hiring decisions were "discrete acts of discrimination" that could not go forward under the continuing-violation doctrine

  7. Day v. Taylor

    400 F.3d 1272 (11th Cir. 2005)   Cited 1,017 times
    Holding that the district "court may consider a document attached to a" motion to dismiss without converting the motion into one for summary judgment if the attached document is central to the plaintiffs claim and undisputed"

  8. Byrne v. Nezhat

    261 F.3d 1075 (11th Cir. 2001)   Cited 941 times   2 Legal Analyses
    Holding a district judge did not abuse his discretion in declining to recuse himself from a case when he screened his law clerk who had previously worked for one of the law firms representing a party in a case

  9. Roe v. Aware Woman Center for Choice, Inc.

    253 F.3d 678 (11th Cir. 2001)   Cited 945 times
    Holding complaint must "contain inferential allegations from which [the court] can identify each of the material elements necessary to sustain a recovery"

  10. Anderson v. District Board of Trustees of Central Florida Community College

    77 F.3d 364 (11th Cir. 1996)   Cited 935 times
    Holding that plaintiffs are required to "present each claim for relief in a separate count" rather than asserting numerous claims within a single count

  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 357,280 times   950 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Rule 4 - Summons

    Fed. R. Civ. P. 4   Cited 72,180 times   128 Legal Analyses
    Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time

  13. Section 2000e - Definitions

    42 U.S.C. § 2000e   Cited 52,322 times   130 Legal Analyses
    Granting EEOC authority to issue procedural regulations to carry out Title VII provisions

  14. Section 2000e-16 - Employment by Federal Government

    42 U.S.C. § 2000e-16   Cited 5,014 times   20 Legal Analyses
    Adopting provisions of § 2000e-5(f)-(k), including that "[e]ach United States district court . . . shall have jurisdiction of actions brought under this subchapter"

  15. Rule 86 - Effective Dates

    Fed. R. Civ. P. 86   Cited 114 times
    Stating the rules and amendments govern proceedings that are pending when the new rule or amendment becomes effective "unless ... the court determines that applying them in a particular action would be infeasible or work an injustice"

  16. Section 1614.105 - Pre-complaint processing

    29 C.F.R. § 1614.105   Cited 2,675 times   13 Legal Analyses
    Requiring complainant initially to notify agency and make effort to resolve matter informally

  17. Section 1614.407 - Civil action: Title VII, Age Discrimination in Employment Act, Rehabilitation Act, Genetic Information Nondiscrimination Act, and Pregnant Workers Fairness Act

    29 C.F.R. § 1614.407   Cited 751 times   1 Legal Analyses
    Authorizing civil actions if no final action is taken within 180 days after a complaint is filed

  18. Section 1614.106 - Individual complaints

    29 C.F.R. § 1614.106   Cited 660 times   2 Legal Analyses
    Requiring administrative complaints to be filed with the complainant's agency