Magistrate Judge Andrew Baxter
A senior judge's July 24 order dismissed portions of McCaskill's Title VII suit—alleging race, sex and "insubordination" bias by ShopRite—and denied his motions to amend. At the end thereof the senior judge afforded McCaskill one more chance to file a proper motion to amend, including a proposed amended complaint. The judge emphasized that McCaskill's motion—complying with Federal Rule of Civil Procedure 15 and Local Rule 7.1(a)(4)—could not seek to join his labor union or Stiles as defendants, nor bring a Title VII hostile environment claim or intentional infliction of emotional distress claim against "Defendants." Confronted by McCaskill's amended complaint—which did not cure defects cited by the senior judge—the magistrate judge found McCaskill's document not a motion to amend. Finding McCaskill did not comply with the July 24 order, the magistrate judge ordered dismissal of his amended complaint. McCaskill's amended complaint brought a defamation claim against Stiles, and added a hostile work environment claim asserting that ShopRite singled him out as slow and inefficient. The magistrate judge observed that singling an employee out as inefficient is not a basis for a Title VII employment discrimination claim.