Shoup v. Department of Veterans Affairs, No. 3:2014cv00248 - Document 24 (S.D. Ohio 2016)

Court Description: DECISION AND ENTRY SUSTAINING IN PART AND NOT RULING UPON IN PART DEFENDANT ROBERT A. MCDONALD, SECRETARY OF VETERANS AFFAIR'S MOTION FOR SUMMARY JUDGMENT (DOC. # 15 ); DEFENDANT'S MOTION IS SUSTAINED WITH RESPECT TO PLAINTIFF'S CLAIMS FOR DISCRIMINATION (COUNT I) AND RETALIATION (COUNT II) EXCEPT TO THE EXTENT THAT SUCH CLAIMS ARISE FROM ALLEGED CONSTRUCTIVE DISCHARGE; JUDGMENT SHALL ULTIMATELY ENTER IN FAVOR OF DEFENDANT AND AGAINST PLAINTIFF ON COUNTS I AND II, EXCEPT TO THE EX TENT THAT THOSE CLAIMS ARISE FROM ALLEGED CONSTRUCTIVE DISCHARGE; PLAINTIFF IS ORDERED TO SHOW CAUSE WITHIN TWENTY-ONE (21) DAYS AS TO WHY REMAINDER OF HER CLAIMS SHOULD NOT BE DISMISSED WITH PREJUDICE FOR LACK OF SUBJECT MATTER JURISDICTION; DEFENDANT MAY FILE A RESPONSE WITHIN FOURTEEN (14) DAYS THEREAFTER. Signed by Judge Walter H. Rice on 6/15/16. (pb)