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Instructions

The complaint is the pleading that starts a lawsuit. Prepare a complaint on behalf of Plaintiffs Alice and Robert Bennett against the Defendants Rikards$-$Hayley. Review Chapter $5.$

DO NOT USE the form in Appendix $"$B$"$ other than for format ideas. NOTE: the facts are not appropriate for our case.

Write a complaint in the correct format with three counts $($see below$)$:

Format:

Comply with FRCP $11.$

Follow local court rules.

$12$ point font

numbered paragraphs

numbered pages

Follow all of the criteria in these rules: Rule $11\mathrm{.}1,$ Local Rules of U$.$S$.$ District Court $,$ Southern and Eastern Districts of New York, Federal Rules of Civil Procedure. Also review the FRCP: Rules $8($a$)(1,2,$ & $3),10($a$)($b$)$ and $11($a$).$ Make sure to review the following:

BODY OF COMPLAINT:

Plaintiffs are Alice Bennett and Robert Bennett.

Defendants are Rickards$-$Hayley, a corporation; Martina Yardley; Darren Blackwood, and Rees Bradley. Use their job titles from Appendix B Case File $1,$ when describing them in the body of the complaint.

Allege that the three individual employees are agents and employees of Rikards$-$Hayley.

Cite federal court subject matter basis for jurisdiction. See exhibit $5-2.$ Choose the appropriate option. $($Do not include a$,$ b$,$ and c$.$ Choose one!$)$ Cite statute for jurisdiction. See $42$ U$.$S$.$C$.$ Section $2000$e$-5($f$)(3).$

Paragraph regarding fact that claim$/$charge was filed with EEOC and right to sue letter was issued by EEOC.

Paragraph on venue. Cite statute for venue. See $42$ U$.$S$.$C$.$ Section $2000$e$-5($f$)(3).$

Title VII Sexual harassment

Title VII Sex discrimination

Equal pay act violation

Title VII only those allowed by $42$ USC $2000($e$)5($g$)$ and $($k$)$ for the two causes of action under Title VII.

compensatory damages

no punitive damages

enjoin unlawful practice$($s$)$

attorney's fees and costs

reinstatement of Ms$.$ Bennett to equivalent job

back wages

EPA: Appropriate damages.

don't forget to include other relevant information.

Caption: Name parties correctly including entity types, if applicable. DEMAND A JURY TRIAL and put "COMPLAINT."

Intro: Name the plaintiff and ALL defendants in separate paragraphs and describe them, including job title, domicile and marital status.

Jurisdictional and venue allegations:

Factual allegations: Set out in numbered paragraphs what happened to the plaintiff. If you set out facts in detail in these paragraphs, you may incorporate them when setting out the causes of action.

Allegations for THREE Causes of action:

Damages allegations: Make sure you have a paragraph at the end of each cause of action.

Ad damnum clause $($a$.$k$.$a$.$ "Wherefore" clause, "prayer for relief"$)$:

Signature & date: $($certificate of service not necessary$)$ Initial documents are served.

RESOURCES

Exhibit $5-5$ on page $121$

Sample Complaints Civil Rights Division of Department of Justice $>$ Click on Cases and Matters. Then go to

Employment Litigation Cases.

All of the material in appendix B$.$ The Complaint Form in Appendix B has facts and cause of actions that we are not using. Do not include these facts. Do not include a Breach of Contract claim. Do not include a Breach of Implied Covenant. Do not include Wrongful Discharge. Do not include Intentional Infliction of Emotional Distress. Do not include a claim for Fraud, Deceit or Misrepresentation. Use the three Causes of Actions that we have been working on this semester: Unequal pay, sexual harassment, and sexual discrimination.

Websites listed in Appendix C$.$ Appendix C starts on page $489.$

Form books available in PCC DT library.

Statutory law applicable to employment discrimination law

Civil Procedure: How to draft a Well$-$Pleaded Complaint

US v$.$ Gorecki Complaint

GENERAL TIPS

Noun$/$verb agreement. Use active voice.

Spell out numbers zero through ten. Use numerals for $11$ and above.

Watch for sentence fragments and run$-$on sentences.

Use commas correctly.

Proper jurisdictional allegations.

Split up long allegations. It makes them easier for the defendant to admit or deny which, in turn, makes it easier for you to know exactly what he's admitting.

Use the past tense, unless you're quoting something.

Use only the third person in legal documents, i$.$e$.,$ no "I, me$,$ we$,$ us$..."$

Use the sending attorney's COMPLETE information, including $($but not limited to$)$ bar number, fax number, email, telephone number, and who he represents $("$Attorney for Plaintiff"$).$ This is a rule requirement.

Use complete sentences.

Demand a jury trial.

The complaint will not have a certificate of service.

Include a "description" of the parties in the caption: $"$an Arizona corporation, a married man, a Delaware corporation, an Arizona limited partnership."

Proofread carefully. Try using the read aloud feature.