United States District Court, N.D. Illinois, Eastern Division
MEMORANDUM OPINION AND ORDER
Robert Blakey United States District Judge.
Renee Taylor-Reeves, proceeding pro se, sues
Defendant Marketstaff, Inc. for retaliation under Title VII,
42 U.S.C. § 2000e, et seq. (Count I). .
Defendant moves to dismiss Plaintiff's Amended Complaint,
pursuant to Federal Rule of Civil Procedure 12(b)(6). .
For the reasons explained below, this Court grants
The Complaint's Allegations
operates a human resource staffing business in Illinois. 
¶¶ 8, 17. Plaintiff-an African-American
female-began working for Bright Start Child Care &
Preschool, Inc. (Bright Start) on August 20, 2013 as an
instructor. Id. ¶¶ 11, 19, (Ex. 4).
According to Plaintiff, Defendant hired her for this
position. Id. ¶ 19.
April 29, 2015, Plaintiff contacted an unnamed
“agent” of Defendant to report that she felt ill
and may have contacted strep throat, and thus would not be
able to work the next day because she had scheduled a
doctor's appointment. Id. ¶¶ 35, 37.
At this time, two non-African-American teachers “were
already out” due to strep throat. Id. ¶
36. Defendant's agent requested that Plaintiff come in to
work the next day and told Plaintiff that she could go to her
doctor's appointment later in the day. Id.
reported to work the next day, April 30, 2015, and became
increasingly ill while in the classroom. Id.
¶¶ 37, 39. Therefore, she sent Defendant's
agent a note requesting permission to leave work early so
that she could see a doctor immediately. Id. ¶
39. According to Plaintiff, the agent responded with a
written message on the back of the note: “do what you
need to do.” Id. ¶ 40. Plaintiff
subsequently left work to go see a doctor.  (Ex. 6).
complaint states that, on April 30, at approximately 11:40
a.m., Plaintiff received an email from Defendant informing
her that it considered Plaintiff “resigned”
because she left the workplace without permission.
Id. ¶¶ 21, 41.Plaintiff alleges that
Defendant did not terminate the two other
non-African-American teachers absent from work due to strep
throat. Id. ¶ 42.
2016, Plaintiff sued Bright Start in Cook County Circuit
Court alleging sexual harassment, racial discrimination, and
retaliation in violation of the Illinois Human Rights Act.
 ¶ 4; [10-2]. In July 2017, Plaintiff filed her
initial complaint against both Defendant Marketstaff and
Bright Start in this case. . On October 10, 2017, this
Court granted Plaintiff's motion to stay this case in
light of the state court proceedings. . Following a jury
trial in state court, the jury reached a verdict in favor of
Bright Start in January 2019. [66-2].
March 6, 2019, Plaintiff voluntarily dismissed Bright Start
from this case. . On April 4, 2019, this Court granted
Plaintiff leave to file an amended complaint, but only if
Plaintiff's counsel could do so consistent with his Rule
11 obligations. . Plaintiff's counsel filed a motion
to withdraw on April 17, 2019, , and Plaintiff filed the
amended complaint now at issue on April 26, 2019. . This
Court granted the motion to withdraw on May 8, 2019, ,
and Defendant filed the present motion to dismiss, , on
May 17, 2019.
survive a motion to dismiss under Federal Rule of Civil
Procedure 12(b)(6), a complaint must provide a “short
and plain statement of the claim” showing that the
pleader merits relief, Fed.R.Civ.P. 8(a)(2), so the defendant
has “fair notice” of the claim “and the
grounds upon which it rests, ” Bell Atl. Corp. v.
Twombly, 550 U.S. 544, 555 (2007) (quoting Conley v.
Gibson, 355 U.S. 41, 47 (1957)). A complaint must also
contain “sufficient factual matter” to state a
facially plausible claim to relief-one that “allows the
court to draw the reasonable inference that the defendant is
liable for the misconduct alleged.” Ashcroft v.
Iqbal, 556 U.S. 662, 678 (2009) (quoting
Twombly, 550 U.S. at 570). This plausibility
standard “asks for more than a sheer possibility”
that a defendant acted unlawfully. Williamson v.
Curran, 714 F.3d 432, 436 (7th Cir. 2013). Thus,
“threadbare recitals of the elements of a cause of
action” and mere conclusory statements “do not
suffice.” Limestone Dev. Corp. v. Vill. of
Lemont, 520 F.3d 797, 803 (7th Cir. 2008).
evaluating a complaint under Rule 12(b)(6), this Court
accepts all well-pleaded allegations as true and draws all
reasonable inferences in the plaintiff's favor.
Iqbal, 556 U.S. at 678. This Court does not,
however, accept a complaint's ...