United States District Court, N.D. Ohio, Eastern Division
JACQUELINE D. ANGLEN, Plaintiff,
WENDY'S-MUY HAMBURGER PARTNERS, LLC, et al, Defendants.
C. NUGENT JUDGE
REPORT AND RECOMMENDATION
JONATHAN D. GREENBERG MAGISTRATE JUDGE
before the Court is Defendant MUY Hamburger Partners,
LLC's Motion to Dismiss. (Doc. No. 3). For the reasons
that follow, it is recommended Defendant's motion be
GRANTED in part and DENIED in part.
November 13, 2017, pro se Plaintiff Jacqueline D.
Anglen (hereinafter “Plaintiff” or
“Anglen”), filed a Complaint against MUY
Hamburger Partners, LLC, Wendy's Headquarters, and
Wendy's Store 3787. (Doc. No. 1 at 1.) Anglen entitled
her Complaint “Motion Monetary Compensation to Loss
Wages, Motion of Appeal EEOC Discrimination Decision
[without] Just Cause, Thereby Prejudice Has Been
Shown.” (Id.) Therein, Anglen alleges a
virtually incomprehensible claim against Defendants.
Specifically, the Complaint provides the following:
THEREFORE, sustained question for consideration shorten
investigation without any findings or a report interrupts
time for deciding legitimate and or frivolous substance of
their work, strong guidelines become binding authenticating
that allow the full consideration hereto consequence of
appropriations. Plaintiff thereby deprived due process of the
Law ascertained and protected hereby all persons born or
naturalized in United States. Violation hereof the Laws
thereby can establish the principle based on circumstances
debatable disciplinary inconclusive omitted complete and
finalized. Interpretation breached brought by violation
specific corporate charter. In which, must adhere use hereto
the terms interchangeably before implantation procedural
rules set with protocol, contrary no inability exists there
upon findings. Court shall enforce and decide if deemed
appropriate compensation due to loss wages.
WHEREAFTER, monetary compensation based upon Plaintiff
woefully unprepared consequences related hereto financial
WHEREAS, I pray Justice set herein Law embodiment of the
Court remain in full force and effect. Plaintiff request an
investigation along with mediation hearing thereof resolution
to just cause, without prejudice.
(Doc. No. 1 at 2, 3.) Several exhibits are attached to
Anglen's complaint including (1) a worksheet indicating
Anglen was terminated from Wendy's store 3787 on July 1,
2017 due to gross misconduct and insubordination; (2) a
worksheet indicating Anglen was terminated from Wendy's
store 3787 on July 1, 2017 due to unacceptable attendance;
(3) an EEOC Charge of Discrimination form, in which Anglen
alleges she was “discriminated against because of [her]
age;” (4) an EEOC Intake Questionnaire; (5) an EEOC
Decision Not to File a Charge form; and (6) an EEOC Dismissal
and Notice of Rights form. (Doc. Nos. 1-2, 1-3, 1-4.)
same date, November 13, 2017, Anglen concurrently filed a
Complaint in the Cuyahoga County Court of Common Pleas.
(Cuyahoga County Case No. CV-17-888950, Docket entry
dated 11/13/17.) This Complaint (hereinafter “State
Court Complaint”), including its attached exhibits, is
identical to the Complaint filed in this Court, with the
following additional paragraph:
Notwithstanding, purpose of ensuring due process, respect,
fairness including the right hereto petition the Court hereby
protect enforce and secure Law purposed violated and decide
hereto compensation deemed appropriate. State having
Jurisdiction of the matter more specifically equal rights,
vigorous affected by the ramification of adverse employment.
Plaintiff lack significant resulted thereby loss wages,
Plaintiff request the Court to consider and decide equal
protection herein pursuant rights hereto compensation.
(Id.) The State Court Complaint also adds one
additional defendant, the Equal Employment Opportunity
Commission (“EEOC”). (Id.)
December 7, 2017, Defendant MUY Hamburger Partners, LLC,
(hereinafter “Defendant” or “MUY
Hamburger”) filed this Motion to Dismiss. (Doc. No.
Anglen has not filed a response.