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Dyson v. Brennan

United States District Court, N.D. Indiana, Hammond Division

September 15, 2016

DAVID R. DYSON, Plaintiff,
v.
MEGAN J. BRENNAN, sued in her official capacity as Postmaster General, Defendant.

          OPINION AND ORDER

          PAUL R. CHERRY MAGISTRATE JUDGE

         This matter is before the Court on Plaintiff's Partial Motion for Judgment on the Pleadings for Counts I and II of the Modified Verified Third Amended Complaint Pursuant to FRCP Rule 12(c) [DE 92], filed by Plaintiff David R. Dyson, pro se, on July 20, 2016. Defendant Megan J. Brennan, sued in her official capacity as Postmaster General, filed a response on August 2, 2016, [1]and Plaintiff filed a reply on August 9, 2016.

         PROCEDURAL AND FACTUAL BACKGROUND

         On April 4, 2016, Plaintiff filed a Modified Verified Third Amended Complaint, alleging race and sex discrimination, hostile work environment, and retaliation in Counts I, II, III, and IV, respectively. Defendant filed an Amended Answer on July 1, 2016.

         Plaintiff offers Paragraphs 1-17 of the Third Amended Complaint as the factual basis for the instant motion. The following are Paragraphs 4-17 of the Third Amended Complaint, which are relevant to this motion, followed by Defendant's Amended Answer to each:

4. The Plaintiff, DAVID R. DYSON (sometimes hereinafter referred to as plaintiff “Dyson” at all relevant times mentioned hereinafter) is a male human being of African Origin/African National Ancestry in the Authority and Land Territory of the United States of American pursuant to Article IV Section 2 Clause 3 of the United States Constitution for the convenience of the Government, by the force of arms of legislative amendments of the United States Constitution by the forcible and unilateral inclusion and association of him as a citizen through the Constitution and its 13th, 14th, 15th and 16th Amendments, who is presently employed as a MPE Mechanic with U.S. Postal Services P & DC Gary, Indiana, and who presently resides at 13731 South Lawndale Avenue in the Village of Robbins, County of Cook, State of Illinois. Also, plaintiff Dyson is a regular union dues paying member of the American Postal Workers Union, AFL-CIO, in good standings[sic].
ANSWER: Defendant admits that Plaintiff is employed at the United States Postal Service Gary PDC located in Gary, Indiana as a Mail Processing Equipment (MPE) Mechanic. Defendant admits that Plaintiff is male. Defendant lacks knowledge or information sufficient to form a belief about the truth of Plaintiff's ancestry, his residency, his standing with the American Postal Workers Union (“APWU”) and whether he pays regular dues to the APWU, and therefore, those allegations are denied. Defendant denies the remaining allegations in paragraph 4 of the third amended complaint.
5. The Defendant, Megan J. Brennan (sometimes hereinafter referred to as defendant “Brennan” at all relevant times mentioned hereinafter) is the Post Master General and Chief Executive Officer of U.S. Postal Services Gary P &DC Gary, Indiana. When engaged in the conduct complained of, via the conduct of U.S. Postal Services, Gary P & DC's personnel Lawanda Fox, Karla Forte and Bernyce Thompson, did so while acting within the course and scope of her duties as Post Master General & Chief Executive Officer of U.S. Postal Services Gary P & DC Gary, Indiana. Defendant Brennan is being sued directly in Counts I-IV Title VII claims.
ANSWER: Defendant admits that Megan J. Brennan became the Postmaster General in February 2015. Defendant denies the remaining allegations in paragraph 5 of the amended complaint.
6. I, David R. Dyson, declare if called upon could competently testify to the following facts from my own personal knowledge.
ANSWER: Defendant lacks knowledge or information sufficient to form a belief about the truth of Plaintiff's personal knowledge, and therefore, those allegations are denied.
7. I was initially employed at South Suburban Postal Services, P & DC, during the year 1991 at which time I became a member of the American Postal Workers Union, and I subsequently transferred to defendant Gary P & DC, Gary Indiana in January of 1995.
ANSWER: Defendant admits that Plaintiff was hired at the Fox Valley, Illinois Processing and Distribution Center, (PDC), in 1991, and transferred to the Gary PDC in January 1995. Defendant lacks knowledge or information sufficient to form a belief about the truth of Plaintiff's membership with the APWU, and therefore, those allegations are denied. Defendant denies the remaining allegations in paragraph 7 of the third amended complaint.
8. The terms and conditions of my, plaintiff Dyson, continuous employment with defendant Services are clearly set forth in the Collective Bargaining Agreement Between American Postal Workers Union, AFL-CIO and U.S. Postal Services.
ANSWER: Defendant admits that the exclusive bargaining representative for Plaintiff is the APWU. Defendant admits that the APWU collective bargaining agreement contains terms and conditions of his employment. Defendant denies that the APWU collective bargaining agreement is the only source containing Plaintiff's terms and conditions of employment. ...

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