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IN THE KANSAS FEDERAL DISTRICT COURT AT KANSAS CITY ANNETTE TINDALL, ) ) PLAINTIFF, ) ) V. ) ) ) FREIGHTQUOTE.COM, INC, ET AL., ) ) DEFENDANTS.

) )

Case No. 11-2503-JAR/JPO

PLAINTIFFS REPLY TO DEFENDANTS' RESPONSE TO PLAINTIFFS MOTION FOR LEAVE TO AMEND COMPLAINT COMES NOW, Annette Tindall, (Plaintiff) and submits her Reply to Freightquote.com., Inc. and Eric Findlay (Defendants) Response to Plaintiff's Motion to Amend Complaint, and states as follows:
1. Leave to amend a complaint shall be freely given when justice so

requires, Plaintiff's access to court to redress all of Defendants' continuing unlawful employment practices required Plaintiff to file her Amended Complaint. Fed. R. Civ. P. 15(a); Forman v. Davis, 372 U.S. 178, (1962).
2. Plaintiff's complaint is not a model of the careful drafter's art, but under the

Federal Rules of Civil Procedure, a complaint need not pin Plaintiff's claims for relief to a precise legal theory. Rule 8(a)(2) of the Federal Rules of Civil Procedure generally requires only

a plausible short and plain statement of the plaintiff's claims, not a exposition of her legal argument. Sec. 5 C. Wright & A. Miller, Federal Practice & Procedure 1219, pp 277-278 (3d ed. 2004) and Supp. 2010); Skinner v. Switzer 131 S.Ct. 1289 (2011).
3. Plaintiff continues to repudiate that she agreed to resign from her

employment with Freightquote as part of Freightquote's purported settlement agreement, therefore, the parties did not reach an agreement on all essential terms at the Court ordered ADR Settlement Conference.
4. Plaintiff's Amended Complaint also invokes the Court's jurisdiction pursuant

to 42 U.S.C. 1981 regarding Eric Findlay, Plaintiff's immediate supervisor, seeking relief from his retaliatory disciplinary actions taken against Plaintiff in response to her filing EEOC charges and Freightquote's wrongful termination and retaliatory termination of Plaintiff's employment.
5. Furthermore, 42 U.S.C. 1981 does not mandate that Plaintiff exhaust

her administrative remedies with the Equal Employment Opportunities Commission (EEOC) prior to filing in federal court nor that Plaintiff file her claims in federal court within ninety (90) days of receiving a Right-to-Sue Letter from EEOC, moreover, 42 U.S.C. 1981 claims have statutes of limitation of four (4) years from the occurrence(s) of the discriminatory and/or retaliatory action(s).

Respectfully submitted, ____________________ Annette Tindall 2415 Brooklyn Ave. Kansas City, Mo. 64127 (816) 719-9958 Plaintiff, Pro se CERTIFICATE OF SERVICE I hereby certify that on this June 24, 2012, I served a copy of the foregoing by US Mail postage prepaid to the following: Karen Glickstein 120 West 12th Street Kansas City, Missouri 64105 Attorneys for Defendant ____________________ Annette Tindall

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