Oropeza v. Human Good Inc.

MEMORANDUM DECISION AND ORDER - 1
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO
MICHELLE OROPEZA,
Plaintiff,
v.
HUMAN GOOD, INC., a California
corporation d/b/a THE TERRACES OF
BOISE,
Defendant.
Case No. 1:25-cv-00577-DCN
MEMORANDUM DECISION AND
ORDER
I. INTRODUCTION
Before the Court is Plaintiff Michelle Oropeza’s Complaint. Dkt. 1. Although more
than three months have passed since she filed her Complaint, Oropeza has not indicated to
the Court that she served the Defendant, Human Good, Inc. (“Human Good”). See Fed. R.
Civ. P. 4(m); Dist. Idaho Loc. Civ. R. 4.1.
Pursuant to Federal Rule of Civil Procedure 12(b)(6) and 4(m), the Court may
review Oropeza’s Complaint to determine whether she is entitled to proceed, or whether a
sua sponte dismissal is warranted. See Omar v. Sea–Land Serv., Inc., 813 F.2d 986, 991
(9th Cir. 1987). Below, the Court briefly considers Oropeza’s Complaint.
II. LEGAL STANDARD
1. 	Case Screening
Outside the statutory screening authority of 28 U.S.C. §§ 1915 & 1915A, which do
not apply to non-prisoner pro se complaints, or where, as here, a pro se plaintiff has paid
the filing fee, the court nevertheless retains authority under Rule 12(b)(6) to dismiss a fee-
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MEMORANDUM DECISION AND ORDER - 2
paid complaint on its own motion. Omar, 813 F.2d at 991. A sua sponte dismissal may be
entered without prior notice to the plaintiff “where the claimant cannot possibly win relief.”
Id.
Where defendants have appeared and defended, it is more appropriate for the Court
to solicit the parties’ input before a sua sponte dismissal. See id. Where, as here, Defendant
has not had the opportunity to address the Complaint, the Court must take care to
distinguish claims that are frivolous (where sua sponte dismissal is appropriate) and claims
that fail to state a claim for relief and might be amended to state a claim (where dismissal
without opportunity to amend may be inappropriate). Neitzke v. Williams, 490 U.S. 319
(1989) (decided in the 28 U.S.C. § 1915 context).
In all cases, “the district court is charged with effectuating the speedy and orderly
administration of justice.” United States v. W.R. Grace, 526 F.3d 499, 508–09 (9th Cir.
2008). “There is universal acceptance in the federal courts that, in carrying out this
mandate, a district court has the authority to enter pretrial case management and discovery
orders.” Id.
2. Pleading Standard
Pursuant to Federal Rule of Civil Procedure 8(a), a complaint must contain “a short
and plain statement of the claim showing that the pleader is entitled to relief.” Fed. R. Civ.
P. 8(a). “Such statement must simply give the defendant fair notice of what the plaintiff’s
claim is and the grounds upon which it rests.” Swierkiewicz v. Sorema N.A., 534 U.S. 506,
512 (2002). Detailed factual allegations are not required, but mere “labels and conclusions”
do not suffice. Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (“Iqbal”) (citing Bell Atl. Corp.
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MEMORANDUM DECISION AND ORDER - 3
v. Twombly, 550 U.S. 544, 555 (2007) (“Twombly”)). “Plaintiff must set forth sufficient
factual matter accepted as true, to ‘state a claim that is plausible on its face.’” Iqbal, 556
U.S. at 667. While factual allegations are accepted as true, legal conclusions are not.1 Id.
III. ANALYSIS
1. 	Compliance with Pleading Requirements
A review of Oropeza’s Complaint satisfies the Court that it does comply with the
pleading requirements. Oropeza alleges that Human Good discriminated against her based
on her sex and pregnancy status, retaliated against her for requesting accommodations
related to her pregnancy, and created a hostile working environment in violation of Title
VII of the Civil Rights Act. Dkt. 1, at 5-6. Additionally, Oropeza alleges a violation of the
Pregnant Worker’s Fairness Act. For the reasons described below, Oropeza’s claims
survive the low bar that is the Court’s initial review for compliance with federal pleading
requirements.
Oropeza’s claims arise from her employment with Human Good which was
terminated in January 2025 after Oropeza filed a complaint about discrimination with the
Equal Employment Opportunity Commission (“EEOC”). Dkt. 1 at 4; Dkt. 1-3. Prior to the
termination of her employment, Oropeza was pregnant and alleges that she requested
reasonable accommodation for things like sanitary and safe places to pump, flexibility in
her work schedule to attend medical appointments, and modified uniforms to accommodate
changes to her body that occurred due to pregnancy. Dkt. 1, at 2-6. Oropeza alleges these
1 Rule 8’s “simplified pleading standard applies to all civil actions, with limited exceptions.” Swierkiewicz,
534 U.S. at 512. For instance, Rule 9(b) requires greater pleading particularity in all averments of fraud or
mistake. Fed. R. Civ. P. 9(b).
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requests were improperly denied and further, that Human Good subsequently began to
discipline her for her requests. Id. Oropeza provided 167 pages of detailed factual
allegations to support these assertions, including screenshots of communications with other
employees of Human Good. See generally Dkt. 1-5. As a result, Oropeza filed a complaint
for discrimination and retaliation with a local fair employment agency. Dkt. 1-3. The
agency determined Oropeza likely had a valid discrimination claim, to which the EEOC
accorded “substantial weight.” Id. The EEOC thus granted Oropeza a right to sue under the
facts alleged here. Id. This, Oropeza alleges, resulted in further retaliation against her and
the ultimate termination of her employment. Dkt. 1, at 2-6.
Additionally, upon termination, Oropeza filed for unemployment benefits which
were granted by the Idaho Department of Labor. Dkt. 1-6, at 1. Human Good then appealed
this award of benefits and won (a hearing was held that was not attended by Oropeza),
requiring Oropeza to pay back the benefits. Id. at 2-3. Oropeza was unable to pay and a
lien was attached to any property owned or acquired by her in the state of Idaho. Id. at 5.
Oropeza alleges Human Good appealed the Idaho Department of Labor’s decision granting
unemployment benefits for the purpose of retaliation. Dkt. 1, at 2-6.
As alleged, the aforementioned facts are plead with sufficient specificity and
plausibly support Oropeza’s Civil Rights Act and Pregnant Workers Fairness Act claims.
Additionally, Oropeza appears to have followed the proper procedure under those laws to
allow these claims in federal district court. While the Court is not making a determination
as to the ultimate likelihood of success on any of Oropeza’s causes of action, the Court
nonetheless finds the Complaint overcomes the low threshold at this early stage to survive
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MEMORANDUM DECISION AND ORDER - 5
initial review.
2. 	Compliance with Federal Rule of Civil Procedure 4(m)
Pursuant to Federal Rule of Civil Procedure 4(m), plaintiffs in federal court must
serve defendants within ninety (90) days of filing a complaint. Fed. R. Civ. P. 4(m). If
timely service is not made, the court “must dismiss the action without prejudice against
that defendant or order that service be made within a specified time.” Id. However, “if the
plaintiff shows good cause for the failure, the court must extend the time for service for an
appropriate period.” Id. Additionally, pursuant to District of Idaho Local Civil Rule 4.1,
the plaintiff in any civil action must update the Court on service.
Here the Court does not know when, if at all, Oropeza served Human Good. Ninety
days have passed since Oropeza’s Complaint was filed with the Court, but Oropeza has not
updated the Court on the status of service. Therefore, Oropeza must update the Court within
thirty (30) days of this decision with information on the status of service, or risk dismissal.
To be clear, this decision and corresponding order are not an extension for Oropeza to serve
Human Good if she has not already done so. If she needs an extension, Oropeza may so
move and explain her failure to timely serve Human Good.
IV. CONCLUSION
Oropeza complied with Federal Rule of Civil Procedure 8(a) and plead a short and
plain statement showing she is entitled to relief. Additionally, Oropeza plead facts with
enough particularity to satisfy the pleading standards here. However, Oropeza has not
indicated that she has served Human Good in accordance with the federal or local rules.
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V. ORDER
Now, therefore, IT IS HEREBY ORDERED:
1. 	After an initial review of the Complaint, the Court will allow Oropeza to proceed
with her claims against Human Good;
2. 	Plaintiff must comply with Federal Rule of Civil Procedure 4(m) and District of
Idaho Local Civil Rule 4.1 by filing a notice that service has been completed
within thirty (30) days of the date of this Order. Failure to file the notice within
this timeframe may result in dismissal of this case without prejudice, and without
further notice.
DATED: February 4, 2026
_________________________
David C. Nye
U.S. District Court Judge
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