Citations
- 553 F.2d 860
Full opinion text
OPINION OF THE COURT
SEITZ, Chief Judge.
Plaintiff, Nancy Canavan, appeals from an order granting defendants’ 12(b)(6) motion to dismiss her complaint for lack of subject matter jurisdiction.
Rather than answer the complaint in the district court, defendants filed a motion to dismiss accompanied by affidavits and exhibits. Plaintiff had an opportunity to file an opposing brief, but advised the district court that she was unable to do so without an opportunity to proceed with discovery on the factual allegations concerning jurisdiction raised in defendants’ affidavits. She therefore requested that the court withhold decision on the motion pending discovery. The court refused this request because it thought that “[ajdditional discovery may further illustrate but will not cure a problem which is already sufficiently crystallized.”
The complaint contained three counts: count I charged defendants with violating Title VII of the Civil Rights Act, 42 U.S.C. § 2000e et seq.; count II alleged a conspiracy on the part of defendants to deprive plaintiff and others similarly situated of equal employment opportunities in violation of 42 U.S.C. § 1985(3); and count III sought relief under § 4 of the Clayton Act for a violation of § 1 of the Sherman Act. While the court dismissed the entire complaint on jurisdictional grounds the defect identified by the court related solely to count I. In their brief defendants have avoided making any contention regarding lack of jurisdiction on the remaining counts. It therefore appears that there is no record basis whatsoever for dismissal of counts II ahd'III'at this timé and tHevcbu'f't'ei¥ed