This case involves a Plaintiff who filed an employment discrimination complaint against the U.S equal employment opportunity commission, alleging that he had been denied employment on the basis of his race. The same agency eventually released a statement that said the totality of the evidence reveals that the charging party was denied selection to the position because of his race. The Plaintiff made contact with the Defendant and explained the legal matter. After the Defendant reviewed the complaint and made corrections, Plaintiff filed the complaint in the US General District Court. Plaintiff proceeded at that time pro se, but had Defendants as direct contracts to provide legal advice. Due to a procedural defect, specifically failure to serve process upon the defending party, the Plaintiff’s federal claim was dismissed without prejudice by order. The Plaintiff contacted the Defendant after his case was dismissed, at which point he received a reply email from defendant stating they would re-serve next week. However, the Defendants never showed up to court and did not take any next steps; they claimed the email had been sorted into their spam filter, a notion that the Plaintiff regarded as insidious. It is alleged that as a result of their errors and omission with respect to their attorney client relationship with the Plaintiff- the Plaintiff suffered pecuniary harm due to the fact that his federal claim was never properly sent before the court and adjudicated on its merits.
