The opinion of the court was delivered by: ALESIA
MEMORANDUM OPINION AND ORDER
This matter comes before this court on a motion filed by defendant Arlington International Racecourse to strike plaintiff Dana Hoffman-Dombrowski's first amended complaint pursuant to Federal Rule of Civil Procedure 12(f). The court will construe this as a motion to strike only the time-barred allegations. The court grants defendant's motion to strike for the reasons outlined below.
Plaintiff Dana Hoffman-Dombrowski ("Dombrowski") alleges the following facts in her complaint. Dombrowski began employment with defendant Arlington International Racecourse ("Arlington") in June of 1980. She is currently an assistant manager and part of her job responsibilities include training employees. Throughout her employment, Dombrowski was promised promotions to positions for which she was qualified, but which were instead given to nine white male employees, all of whom Dombrowski had trained.
In June of 1996, Dombrowski was denied a promotion to the position of General Manager which was promised to her by the Arlington Vice President Robert Bork. The position was instead filled by Scott Lager, a male with less experience and qualifications than Dombrowski. In hiring Lager, who had not worked for Arlington prior to his becoming General Manager, Arlington violated their policy of promoting from within the company. When Dombrowski inquired as to Lager's lack of experience, she was informed that Lager had been training for weeks at the defendant's Waukegan, Illinois location. Dombrowski alleges that Lager actually received less than a day of training for the General Manager position.
After Dombrowski had been passed over for the General Manager position, she met with the Human Resource Director Linda Kica. At that meeting, Dombrowski expressed her concerns about being passed over for the management position and she raised the subject of possible gender discrimination. Dombrowski then met with Chief Executive Officer ("CEO") Scott Mordell where she voiced her concerns about being passed over for the promotion and again raised the subject of gender discrimination. Mordell told Dombrowski that gender did not play a part in the promotion of Lager and assured her that, if she would train Lager for the position of General Manager, she would then become the Assistant General Manager. Relying on this promise, Dombrowski trained Lager during which time Lager also promised to promote Dombrowski to a position as his assistant. The position of Assistant General Manager, however, remained vacant through 1996 and most of 1997.
Dombrowski alleges that after expressing her concerns about possible gender discrimination, her supervisors began to retaliate against her. On August 23, 1997, Lager issued a verbal and later a written warning to Dombrowski for talking with a customer in her office during her lunch hour, which is not a violation of company policy. On October 10, 1997, Lager informed Dombrowski that her work schedule was being changed and she would now have to be to work at 8:00 a.m. rather than 9:00 a.m. Dombrowski informed Lager that she may be a little late on the following Monday due to day care problems and Lager advised her that that would be alright. On Monday, October 13, 1997, Dombrowski arrived for work at 8:08 a.m. The next day, Lager informed Dombrowski that he would be writing her up for being late. Dombrowski inquired as to why she was suddenly being reprimanded so often. Lager responded that Dombrowski should consider warming up to James Stumpf, the vice president of off track betting for Arlington. Lager advised Dombrowski to "have lunch or stop for drinks with Stumpf so you can improve your relationship with him."
On October 15, 1997, Dombrowski was called into a meeting with Lager, Kica and Stumpf. Stumpf informed Dombrowski that she was immediately being transferred to the defendant's Waukegan facility. The Waukegan facility is located in a more dangerous area than the Arlington facility and Dombrowski alleges that the Waukegan facility will likely close down within the next year. As Dombrowski was being escorted from the Arlington facility on October 15, Lager told her that she was lucky to be getting a second chance and that she should consider quitting. That same day that Dombrowski was transferred, the vacant Assistant General Manager position was given to a male employee who Dombrowski had trained.
On October 17, 1997, Dombrowski sent an electronic message ("e-mail") to Mordell requesting her personnel file. Shortly after her request, Dombrowski was advised that she was no longer allowed to use the e-mail system. Later that same month, Dombrowski was asked to appear as a witness at an arbitration hearing at the Arlington facility. Although Dombrowski was assured that her child care payment for the day would be reimbursed, she did not receive payment.
On November 12, 1997, Dombrowski again met with Mordell to discuss her concerns about possible gender discrimination. Dombrowski alleges that on November 16, 1997, Arlington began to take actions against Dombrowski's family members who worked for Arlington. Dombrowski's sister's seniority position was lowered, her father's work assignment was changed and her cousin lost several of his work shifts each week. On November 19, 1997, Stumpf called the General Manager at the Waukegan facility, Joseph Scalamogna, and made unprofessional remarks about Dombrowski. Stumpf instructed Scalamogna to document everything that Dombrowski did wrong and to "mess with her schedule." Scalamogna eventually reported Stumpf's attempts to retaliate against Dombrowski to his supervisor.
On December 3, 1997, Dombrowski filed a charged of gender discrimination against Arlington with the Equal Employment Opportunity Commission ("EEOC"). The charge included discriminatory actions taken against Dombrowski beginning in June of 1996 through November 1997. The EEOC issued Dombrowski a notice of right-to-sue letter on December 17, 1997.
On March 13, 1998, Dombrowski filed a complaint against Arlington alleging gender discrimination and retaliation in violation of Title VII. This court has subject matter jurisdiction pursuant to 28 U.S.C. § 1331.
On May 1, 1998, Arlington filed a partial motion to dismiss the complaint because it asserted time-barred allegations. By an Order dated May 5, 1998, this court granted Arlington's motion to dismiss and granted Dombrowski leave to replead only the timely allegations concerning events occurring after February 6, 1997. On May 19, 1998, Dombrowski filed her first amended complaint which did not exclude the time-barred allegations. ...