AHUJA v. DETICA INC., No. 1:2009cv02246 - Document 22 (D.D.C. 2012)

Court Description: MEMORANDUM OPINION AND ORDER. Defendant's 4 Motion to Dismiss is GRANTED insofar as it seeks the dismissal of Plaintiff's Title VII retaliation claims under Count IV of the 1 Complaint based on Plaintiff's failure to exhaust her a dministrative remedies. In addition, Count IV is DISMISSED insofar as it seeks relief under Section 1981, because such relief is duplicative of the relief sought in Count II. Because no other aspect of Count IV remains "live," Count IV is DISMISSED in its entirety. Count II is DISMISSED insofar as Plaintiff seeks relief for an alleged hostile work environment under Section 1981 for failure to state a plausible claim for relief. As a result, only the following claims remain live in this action: Count I remains live insofar as Plaintiff seeks relief under Title VII for discrete acts of discrimination based on race, sex, pregnancy, and national origin occurring on or after July 17, 2007 that are not based on hiring, compensation and benefits, performance evaluations, or demotions; and Count II remains live insofar as Plaintiff seeks relief under Section 1981 for discrete acts of discrimination or retaliation occurring on or after November 25, 2005. The Court understands only two employment actions to fall within the ambit of the live aspects of Counts I and II: (1) the alleged denial of a director-level promotion in or about November 2007; and (2) the termination of Plaintiff's employment on December 31, 2007. To the extent the Court's understanding is incorrect, by no later than May 1, 2012, Plaintiff shall file a Notice with the Court that identifies each and every employment action challenged through Counts I and II, as limited by the Court's dec isions, with precise citations to all the supporting allegations in the Complaint. A Scheduling Conference shall be held on May 21, 2012, at 11:30 a.m., before Judge Colleen Kollar-Kotelly in Courtroom 28A on the Sixth Floor of the Courthouse Annex. The parties shall meet and confer and submit their Joint Statement in accordance with Federal Rule of Civil Procedure 26(f) and Local Civil Rule 16.3 by no later than May 14, 2012, addressing each of the topics listed in Local Civil Rule 16.3(c) and providing a brief statement of the case and the bases for all causes of action and defenses. Signed by Judge Colleen Kollar-Kotelly on April 16, 2012. (lcckk3)