Au v. Tsang Brothers Corp.

Au v. Tsang Brothers Corp.

Plaintiff:	Christina Au
Defendant:	Tsang Brothers Corp.
Case Number:	1:2015cv00019
Filed:	June 5, 2015
Court:	US District Court for the District of Guam
Office:	Hagatna Office
County:	Guam
Presiding Judge:	Frances M. Tydingco-Gatewood
Presiding Judge:	Joaquin V.E. Manibusan
Nature of Suit:	Employment
Cause of Action:	42 U.S.C. § 2000
Jury Demanded By:	None

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Date Filed	Document Text
February 15, 2017	Filing 54 Decision and Order accepting in part 32 Report and Recommendations to DENY Tsang Bros 11 Motion to Dismiss Counts Three and Four of Au's Complaint. Specifically this court ACCEPTS the Report's conclusion that the exhaustion of adminis trative rights ruling Barrett-Anderson does not apply to this case; ACCEPTS the Report's conclusion that the administrative provisions of Chapter 5 of Title 22 apply only to administrative claims brought under Chapter 5 and do not apply to proce edings commenced under Chapter 3 of Title 22. As the court has determined that Chapter 5 administrative provisions are not applicable todiscrimination claims brought pursuant to Chapter 3, Tsang Bros.' 39 Objections regarding the waiver issue and Au's failure to timely appeal the GDOL's decision pursuant to the AAL are MOOT. Furthermore, this court exercises its discretion to adjudicate Au's state law claims through its pendent jurisdiction, and declines to certify the issues presented herein to the Supreme Court of Guam.. Signed by Chief Judge Frances M. Tydingco-Gatewood on 2/15/2017. (fad, )
June 27, 2016	Filing 32 Report And Recommendations. The court recommends that the Chief Judge deny Defendant's 11 Motion to Dismiss Counts Three and Four of Plaintiff's complaint. Signed by Magistrate Judge Joaquin V.E. Manibusan, Jr on 6/27/2016. (fad, )

Date Filed

Document Text

February 15, 2017

Filing 54 Decision and Order accepting in part 32 Report and Recommendations to DENY Tsang Bros 11 Motion to Dismiss Counts Three and Four of Au's Complaint. Specifically this court ACCEPTS the Report's conclusion that the exhaustion of adminis trative rights ruling Barrett-Anderson does not apply to this case; ACCEPTS the Report's conclusion that the administrative provisions of Chapter 5 of Title 22 apply only to administrative claims brought under Chapter 5 and do not apply to proce edings commenced under Chapter 3 of Title 22. As the court has determined that Chapter 5 administrative provisions are not applicable todiscrimination claims brought pursuant to Chapter 3, Tsang Bros.' 39 Objections regarding the waiver issue and Au's failure to timely appeal the GDOL's decision pursuant to the AAL are MOOT. Furthermore, this court exercises its discretion to adjudicate Au's state law claims through its pendent jurisdiction, and declines to certify the issues presented herein to the Supreme Court of Guam.. Signed by Chief Judge Frances M. Tydingco-Gatewood on 2/15/2017. (fad, )

June 27, 2016

Filing 32 Report And Recommendations. The court recommends that the Chief Judge deny Defendant's 11 Motion to Dismiss Counts Three and Four of Plaintiff's complaint. Signed by Magistrate Judge Joaquin V.E. Manibusan, Jr on 6/27/2016. (fad, )

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Plaintiff: Christina Au
Represented By:	Martin F. Deinhart
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Defendant: Tsang Brothers Corp.
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