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Franklin v. Adjusters Int'l Inc.

Balance of 'Baptiste' Factors Leads to Action's Dismissal Under FRCP 41(b) as Discontinued

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DECISION AND ORDERI. INTRODUCTION Pro se plaintiff Mamie Franklin brought this action against her former employer, Adjusters International, Inc., alleging race discrimination and retaliation in violation of Title VII of the Civil Rights Act of 1964 (“Title VII”), 42 U.S.C. §2000e, et seq, and 42 U.S.C. §1981. Dkt. No. 1 (“Complaint”). Now before the Court is Defendant’s motion to dismiss for failure to prosecute. Dkt. No. 41 (“Motion”); see also Dkt. Nos. 41-1 (“Memorandum”), 41-2 (“Melvin Declaration”). Plaintiff has not responded to the Motion. For the reasons set forth below, the Motion is granted in part and the Complaint is dismissed without prejudice.II. BACKGROUNDA. Factual BackgroundAccording to the Complaint, Plaintiff, a black woman, signed a contract of employment with Defendant on October 24, 2013, and then four days later began working for Defendant as a Quality Control Specialist in connection with the Hurricane Sandy Hazard Mitigation Grant Program in Albany, New York. Compl. 7. Plaintiff alleges that, while employed by Defendant, she was subjected to racial discrimination in the form of harassment and a hostile work environment; suffered adverse action because of her complaints about this discrimination; and was wrongfully terminated. Id.

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