Silbaugh v. Chao, No. 18-35756 (9th Cir. 2019)Annotate this Case
The Ninth Circuit reversed the district court's dismissal of an action alleging that the FAA wrongfully terminated plaintiff. Plaintiff filed her action in the district court within the 30-day statutory limitations period, but she mistakenly named only the FAA and her former supervisor as defendants. Because plaintiff's action alleged claims of discrimination under Title VII of the Civil Rights Act of 1964, she should have named the head of the executive agency to which the FAA belonged, Secretary of Transportation Elaine Chao. After the statute of limitations had expired, the FAA moved to dismiss and Secretary Chao then filed her own motion to dismiss.
The Ninth Circuit held that plaintiff was entitled to relation back under Federal Rule of Civil Procedure 15(c)(2). The panel held that the district court adopted an overly technical interpretation of the term "process" as used in Rule 15(c)(2). Rather, the panel held that the notice-giving function of "process" under Rule 15(c)(2) was accomplished whether or not the summons accompanying the complaint was signed by the clerk of court. Furthermore, the requirements for relation back were met here where both the United States Attorney and the Attorney General were sufficiently notified of the action within Federal Rule of Civil Procedure 4(m)'s 90-day period. Accordingly, the panel remanded for further proceedings.