Chu v. Donahoe
Filing
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ORDER by Judge Yvonne Gonzalez Rogers granting 9 Motion to Dismiss Without Leave to Amend. The Court VACATES the hearing set for August 28, 2012. (Attachments: # 1 Certificate/Proof of Service) (fs, COURT STAFF) (Filed on 8/23/2012)
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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
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SANDIE P. CHU,
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Plaintiff,
Case No.: 12-CV-2660 YGR
ORDER GRANTING MOTION TO DISMISS
WITHOUT LEAVE TO AMEND
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vs.
PATRICK DONAHOE, POSTMASTER GENERAL,
UNITED STATES POSTAL SERVICE,
Northern District of California
United States District Court
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Defendant.
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Plaintiff Sandie P. Chu (“Chu”) filed her Employment Discrimination Complaint on May 23,
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2012, alleging employment discrimination based upon race or color; sex; and national origin.
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Defendant Patrick Donahoe, Postmaster General, United States Postal Service (“Donahoe”) filed his
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Motion to Dismiss on July 23, 2012 (Dkt No. 9), arguing that the Chu’s claim for employment
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discrimination based upon sex must be dismissed pursuant to Rule 12(b)(1) of the Federal Rules of
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Civil Procedure because Chu failed to exhaust her administrative remedies in the EEO process with
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respect to any claim based upon sex.
Having carefully considered the papers submitted, the Court hereby GRANTS the Motion to
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Dismiss only to the extent that the claims in the complaint are alleged to be based upon sex
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discrimination.1 Chu, in her opposition, concedes that she erroneously checked the box on the form
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Pursuant to Federal Rule of Civil Procedure 78(b) and Civil Local Rule 7-1(b), the Court finds this
motion appropriate for decision without oral argument. Accordingly, the Court VACATES the hearing set for
August 28, 2012.
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complaint and that she did not intend to bring a claim based upon sex or gender. No leave to amend
is necessary. The allegation at page 2, line 12 of the Complaint is STRICKEN.
Donahoe is directed to file his answer to the remainder of the Complaint no later than
September 10, 2012.
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IT IS SO ORDERED.
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Date: August 23, 2012
___________________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE
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Northern District of California
United States District Court
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