I think its the white privilege thing again. Because I'm pretty certain that as a black man I would be in jail for doing the same thing.
Clearly, Fieldworks and Zachary Reider, probably under the instruction of Chris Gallaway or other managers (Need discovery to pin that down absolutely...) clearly broke the State of Pennsylvania's rule against quotas for voter registration forms. What's worse they used that standard in a discriminatory way by making sure that blacks had to reach a higher quota. Anyway, here's the latest court filing where I don't mention any of that stuff but its still annoying.
10-31-18
Clearly, Fieldworks and Zachary Reider, probably under the instruction of Chris Gallaway or other managers (Need discovery to pin that down absolutely...) clearly broke the State of Pennsylvania's rule against quotas for voter registration forms. What's worse they used that standard in a discriminatory way by making sure that blacks had to reach a higher quota. Anyway, here's the latest court filing where I don't mention any of that stuff but its still annoying.
Brief Response
to Defendant's Sept. 26th Statement
1. I think I described their
statement of Sept. 26th as being "weak tea" to opposing council and I
stand by this.
2. But I do want to offer a very
brief response. So here's a few points:
3.
I kind of wish I had been granted the original extension that I asked
for. I'm answering this within 35 days because the defendant's statements are
part of dispositive motion. But I still would like more time. I feel this
affects my case in a very negative way. For example the deadline for responding
to this brief and the brief in the other case on the exact same day. Or today.
Not fair.
4. All of the problems that
Defendants complain about can be solved with an amended complaint. This is
where I use the specific examples of what I meant in the original complaint in
the following response briefs in the amended complaint. I can also make sure
that I clearly state what Section 1981 does but I assumed since yinz guys were
lawyers that you already knew. I just need an afternoon or two to do that.
Would gladly do it if necessary.
5. Or the court could use the
"common sense' instruction that its supposed to use in 12 b 6 cases and
assume that the Defendants already understand what they have to rebut, by now
(such as direct testimony that Zachary Reider is a racist by five black persons
and possibly one white employee as well.) and we can simply move on to
discovery. I think I used the phrase "obscenely obtuse" in another
legal document. That would be the case here if there was a demand for an
amended complaint but I could still write one. Might take two afternoons who
knows. They know by now what has to be rebutted.
6. Its clear that Zachary Reider is
an employer or proxy of an employer which means that he's the kind of guy that
has to abide by Section 1981. Or I was fired by a ghost. Some kind of imaginary
being. There were no other managers at Fieldworks at the time.
7. I don't have to prove a prima
facie case at this stage. See the appeals court decision Sandra Connelly v.
Lane Construction Corporation:
It is thus worth reiterating that, at least for purposes
of pleading sufficiency, a complaint need not establish a prima facie case in
order to survive a motion to dismiss.6 A prima facie case is “an evidentiary
standard, not a pleading requirement,” Swierkiewicz v. Sorema, N.A., 534 U.S.
506, 510 (2002), and hence is “not a proper measure of whether a complaint
fails to state a claim.” Fowler v. UPMC Shadyside, 578 F.3d 203, 213 (3d Cir.
2009)
8. We may ask for a hearing so that
these issues can be ironed out.
Respectfully submitted,
Philip Shropshire
Signature
Certificate of
Service
I have mailed out
this statement on Oct. 31st, 2018
to the court by way of UPS. I will email a copy of this statement to opposing
counsel in the next day or two.
