1:24-cv-12530•Waithe v. Cardinal Cushing Centers, Inc.
Full text
United States District Court
District of Massachusetts
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Shirlane Waithe, )
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Plaintiff, )
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V. )
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Cardinal Cushing Centers, Inc., )
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Defendant. )
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Civil Action No.
24-12530-NMG
MEMORANDUM & ORDER
GORTON, J.
Pending before the Court is the motion of plaintiff
Shirlane Waithe (" plaintiff " or " Waithe " ) for reconsideration
and lea ve to file an amended complaint (Dock et No . 12) .
Plaintiff ' s motion follows the Order of this Court (Docket No .
10) ( " the Order " ) granting the motion to dismiss of defendant
Cardinal Cushing Centers , Inc (" Defendant " or " Cardinal " ) . For
the follo wing reasons , plaintiff ' s motion wil l be denied .
I . Background
Plaintiff was employed by defendant from January , 2023
through April , 2024 . In October , 2024 , plaintiff brought claims
against de fenda nt for 1) retaliation , in violation of Title VII
and the Americans with Disabilities Act (" ADA " ) , 2) disability
discrimination , in violation of the ADA and M. G. L . 151B §1 , et
seq. , 3) interference with medical leave , in violation of the
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Case 1:24-cv-12530-NMG Document 14 Filed 03/23/26 Page 1 of 5federal Family and Medical Leave Act (" FMLA " ) and the
Massachusetts Paid Family Medical Leave Act (" PFMLA " ) and 4)
racial discrimination , in violation of Title VII and Chapter
151B . Waithe voluntarily dismissed her claims under the FMLA .
In November , 2024 , defendant filed a motion to dismiss the
complaint in full . The Court allowed that motion , finding that
plaintiff failed : 1) to exhaust her administrative remedies with
respect to her disability claims , 2) to establish the protected
activity against which defendant reta liated , 3) to allege
interference with her medical leave and 4) to allege any adverse
employment outcomes . Soon thereafter , plaintiff filed the
instant motion for reconsideration and leave to file an amended
complaint , to which defendants timely filed an opposition .
II. Analysis
A. Motion to Reconsider
Plaintiff moves the Court to reconsider the Order pursuant
to Fed . R. Civ . P . 59(e) . Rule 59(e) allows a party to file a
motion to al te r or amend a judgment within 28 days of its entry ,
but it is an extraordinary remedy that should be used sparingly .
Palmer v . Champion Mortg ., 465 F . 3d 24 , 30 (1st Cir . 2006) .
Courts will not address new arguments or evidence that the
moving party could have previously raised . Banister v . Davis ,
590 U. S . 504 , 508 (2020)
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Case 1:24-cv-12530-NMG Document 14 Filed 03/23/26 Page 2 of 5Waithe first contends t hat relief under Rule 59(e) is appropriate because the Court failed to draw all reasonable inferences in her favor . She asserts that her complaint should have been interpreted as alleging an interference with her medical leave that required her to return to work . Not so . Waithe ' s complaint alleges that she returned to work due to " multiple calls and over 50 reports " and because she " knew that [d]efendant needed her ." Even drawing all reasonable inferences in plaintiff ' s f avor , those facts do not al l eg e that defendant forced her to return to work earlier than p l anned . Next , plaintiff posits that the Court should have interpreted Count III as alleging that defendant retaliated against her f or taking medical leave . Even if Count III could be so construed , the Court found that Waithe failed to plead any adverse employment outcome . Because such facts are necessary to susta i n a retaliation claim , the Court dec li nes to reconsider that i ssue . Finally , Waithe claims that new caselaw permits her to file under the FMLA despite her previous ineligibility . Because her FMLA claims are otherwise identical to her PFM LA claims , which are deficient , the Court declines to grant such relief . The motion to reconsider will be denied . - 3- Case 1:24-cv-12530-NMG Document 14 Filed 03/23/26 Page 3 of 5
' ' B. Motion For Leave to File an Amended Complaint Under Fed . R. Civ . P . 15(a) (2) , a party may amend a complaint after 21 days of filing only with consent of the opposing party or leave of the Court . Leave should be freely granted unless the amendment would be futile or result in undue delay . Adorno v . Crowley Towing And Transp . Co ., 443 F . 3d 122 , 126 (1st Cir . 2006) . Plaintiff first argues that the complaint should have been dismissed without prejudice because defendants did not specifically request otherwise . That is incorrect , because , as plaintiff herself recites , a dismissal pursuant to Rule 12(b) (6) is presumed to be with prejudice absent a clear statement to the contrary . U. S . ex rel . Karvelas v . Melrose - Wakefield Hosp ., 360 F . 3d 220 , 241 (1st Cir . 2004) . The Order contains no such conditional language . Even if the dismissal could be construed as being without prejudice , plaintiff ' s motion to amend would nonetheless be unavailing . A motion for leave to amend cannot be allowed after entry of judgment unless that judgment is vacated . Palmer , 465 F . 3d at 30 . There has been no such vacation . In any event , plaintiff ' s proffered amendments do not cure the deficiencies in the complaint and they would therefore be futile . for leave to amend with therefore be denied . - 4- The motion Case 1:24-cv-12530-NMG Document 14 Filed 03/23/26 Page 4 of 5
ORDER For the forgoing reasons, plaintiff's motion for reconsideration and leave to amend the complaint (Docket No. 12) is DENIED. So ordered. N athanielM.GorYon Senior United States District Judge Dated: March2], 2026 -5- Case 1:24-cv-12530-NMG Document 14 Filed 03/23/26 Page 5 of 5
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