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Kathryn Sheppard v. David Evans and Assoc.

September 12, 2012

KATHRYN SHEPPARD, PLAINTIFF-APPELLANT,
v.
DAVID EVANS AND ASSOC., AN OREGON CORPORATION, DEFENDANT-APPELLEE.



Appeal from the United States District Court for the District of Oregon Anna J. Brown, District Judge, Presiding D.C. No. 3:10-cv-00276-BR

The opinion of the court was delivered by: Pregerson, Circuit Judge:

FOR PUBLICATION

Argued and Submitted July 11, 2012-Portland, Oregon

Before: Betty B. Fletcher and Harry Pregerson, Circuit Judges, and Donald E. Walter, Senior District Judge.*fn1

Opinion by Judge Pregerson

OPINION

In 2010 Plaintiff-Appellant Kathryn Sheppard ("Sheppard") filed a complaint in federal district court against her former employer, David Evans and Associates ("Evans"). The complaint alleged causes of action for: (1) employment discrimination under the Age Discrimination in Employment Act ("ADEA"); and (2) "wrongful discharge" under Oregon law. The district court dismissed Sheppard's complaint, with leave to amend, for failure to state a claim under Federal Rule of Civil Procedure 8(a)(2). Sheppard then filed an amended complaint alleging the same causes of action and adding some factual details. The district court dismissed Sheppard's amended complaint with prejudice concluding she had "failed to plead any cause of action with sufficient factual detail to state a claim," and therefore failed to satisfy the pleading requirements of Federal Rule of Civil Procedure 8(a)(2). Sheppard appeals the district court's ruling.

As discussed below, we conclude that Sheppard's amended complaint, while brief, nonetheless satisfies Rule 8(a)(2)'s pleading standard. Accordingly, we reverse the district court's dismissal of Sheppard's amended complaint.

BACKGROUND

The allegations in Sheppard's amended complaint are recounted verbatim below:

1. Plaintiff, (Sheppard) is an adult female citizen in the federally protected age group under the ADEA, 29 USC 621 et seq. She is over the age of forty.

2. Defendant, (Evans) is an Oregon corporation that does business in Portland, Oregon.

3. Sheppard worked for Evans as an Executive Administrative Assistant from 11/28/05 to 2/2/09.

4. Sheppard was involuntarily terminated from her position by Evans.

5. At all material times her performance was satisfactory or better. She received consistently ...


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