DJM Logistics, Inc. v. FedEx Ground Package System, Inc.

Dist. Ct. did not err in dismissing plaintiff’s third-amended complaint, alleging that defendant violated 42 USC section 1981 by assigning contract with plaintiff-company to different company on account of plaintiff owner’s race. Dist. Ct. dismissed original complaint on ground that it was filed by plaintiff’s owner who was not licensed attorney. Plaintiff’s first amended complaint, which named plaintiff-company and plaintiff’s owner as plaintiffs, was voluntarily dismissed. Second amended complaint, which named only plaintiff’s owner as plaintiff, was subject of motion to dismiss on ground that plaintiff’s owner was not party to any contract with defendant. Dist. Ct. thereafter granted defendant’s motion to dismiss, but granted plaintiff’s owner ability to file third-amended complaint based on owner’s new allegation that defendant had refused to allow assignment of contract to her. Dist. Ct. also conditioned the filing of the third-amended complaint on plaintiff being able to present proof of her new allegation. Plaintiff’s owner filed third-amended complaint that named different entity as plaintiff but made similar allegations against defendant as first complaint. Dist. Ct. could properly dismiss with prejudice third-amended complaint, where: (1) plaintiff’s owner did not comply with prior Dist. Cut’s order, allowing her to file amended complaint alleging failure to assign contract to plaintiff’s owner; (2) third-amended complaint was filed by plaintiff’s owner who was not licensed attorney; and (3) applicable 4-year limitations period for section 1981 actions had expired.