WILLIAM C. LEE, District Judge.
Before the Court is the Defendants' "Motion to Dismiss Plaintiff's Second Amended Complaint" filed on November 14, 2011 [DE 51] as well as Defendants' Motion to Strike filed on January 31, 2012 [DE 62]. Plaintiff responded to the Motion to Dismiss on January 3, 2012 [DE 58] but attached to her response documents outside the pleadings. This triggered the Defendants' Motion to Strike [DE 69] seeking to have the Court exclude the exhibits attached to the response brief. Briefing on all of these motions was completed on March 6, 2012. For the following reasons, Defendants' Motion to Strike will be GRANTED. The Motion to Dismiss will be DENIED as MOOT. The Plaintiff shall have 30 days to file a Third Amended Complaint which complies with the "short and plain statement of the claim" language dictated by Fed.R.Civ.P. 8(a)(2) and attaches all relevant exhibits. Thereafter, the Defendants may refile, if they desire, their Motion to Dismiss.
This is the second time this case has barely made its way out of the starting gate before it hits a hurdle. On October 29, 2010, the Plaintiff, represented by legal counsel, filed a nine count complaint against the Defendants asserting violations of Title VII in the form of race and gender discrimination and retaliation (Counts 1 and 2); a Due Process violation (Count 3) and numerous state law claims ranging from wrongful discharge to defamation per se (Counts 4 through 9). This Court, in reviewing the Defendants' Motion to Strike the Complaint, characterized the filing as "far from the mandate in Fed.R.Civ.P. 8(a)(2) that a pleading stating a claim for relief contain a `short and plain statement of the claim showing that the pleader is entitled to relief.'" Indeed, the Complaint was 39 pages long and contained 241 factual averments, many of which were irrelvant to the statement of a claim for relief. Thus, the undersigned granted the Motion to Strike the Complaint and ordered the Plaintiff to refile her Complaint, if she chose.
Thereafter, on September 6, 2011, Plaintiff filed her Second Amended Complaint. This time, the Complaint contains 17 counts and 263 factual averments.
In light of all this, the Court hereby GRANTS the Defendants' Motion to Strike. Plaintiff has thirty (30) days to file a Third Amended Complaint that both complies with Rule 8(a)(2) and attaches all the necessary documentation to demonstrate that she has exhausted her administrative remedies and/or filed a timely lawsuit as to the Title VII claims. The Motion to Dismiss will be DENIED as MOOT. Defendants are encouraged to re-file the Motion to Dismiss taking into account the allegations of the Third Amended Complaint once it is filed.
SO ORDERED.