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Gonzalez-Koeneke v. West

United States Court of Appeals, Seventh Circuit

July 1, 2015

JUANA I. GONZALEZ-KOENEKE, Plaintiff-Appellant,
v.
DONALD WEST, et al., Defendants-Appellees

 Submitted, May 28, 2015

Page 802

Appeal from the United States District Court for the Northern District of Illinois, Western Division. No. 3:12-cv-50311 -- Frederick J. Kapala, Judge.

For Juana I. Gonzalez-Koeneke, Plaintiff - Appellant: Lawrence C. Redmond, Attorney, Chicago, IL.

Juana I. Gonzalez-Koeneke, Plaintiff - Appellant, Pro se, Rockford, IL.

For Donald West, Ron Carey, Debbie Sharp, Gregg Wilson, Board of Education of Rockford School District No. 205, Defendants - Appellees: Abigail Marie Higgins, Attorney, Joshua G. Vincent, Attorney, Hinshaw & Culbertson Llp, Chicago, IL; Michael F. Iasparro, Attorney, Hinshaw & Culbertson, Rockford, IL.

Before BAUER, EASTERBROOK, and RIPPLE, Circuit Judges.

OPINION

Page 803

Ripple, Circuit Judge.

Juana I. Gonzalez-Koeneke brought this action pro se, alleging that her government employer discriminated against her, in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 1981, and 42 U.S.C. § 1983. Approximately ten weeks later, she filed an amended complaint. After she had retained counsel and after the defendants had filed a motion to dismiss, Ms. Gonzalez-Koeneke filed a motion requesting leave to file a second amended complaint. The district court granted the motion.[1]

The defendants moved to dismiss the second amended complaint for failing to state a claim upon which relief could be granted. The court granted the defendants' motion and dismissed the case with prejudice, in part relying on its standing order that provides that a dismissal will be with prejudice unless a party requests an opportunity to amend in its response to the motion to dismiss. Ms. Gonzalez-Koeneke then filed a motion to set aside the judgment and to amend her complaint. The district court denied the motion, stating that Ms. Gonzalez-Koeneke had not explained how she would amend the complaint to cure the deficiencies identified in the court's dismissal order. Ms. Gonzalez-Koeneke now appeals the district court's judgment, challenging its order dismissing the case with prejudice and its order denying her motion to set aside the judgment and to amend her complaint. We affirm the judgment of the district court. Ms. Gonzalez-Koeneke never has explained, in the district court or in this court, how she would amend her complaint to state a claim for relief.

I

BACKGROUND

A.

Before her termination in 2011, Ms. Gonzalez-Koeneke had worked, for twelve years, as a bus driver for the Board of Education of Rockford School District No. 205 (" the District" ). While driving her bus, she experienced a series of problems with the behavior of children on her bus and, consequently, filed incident reports with Debbie Sharp, another school district employee. When Sharp failed to respond to the reports, Ms. Gonzalez-Koeneke went to Donald West, the district's terminal manager, in an attempt to resolve the problem.

Gregg Wilson, whose title in the school district is not disclosed in the record, told Ms. Gonzalez-Koeneke that she did not know how to discipline the children. Wilson later suspended her for two days for failing to perform a proper pretrip inspection of her bus. Ms. Gonzalez-Koeneke claims that her suspension was actually ...


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