WELLS v. NAPOLITANO
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|Date Filed||#||Document Text|
|August 20, 2014
ENTRY ON MOTION FOR JUDGMENT ON THE PLEADINGS OR ALTERNATIVELY SUMMARY JUDGMENT - denying Defendant's 29 Motion to Dismiss for Failure to State a Claim. The Court finds that the election provision of 29 C.F.R. § 1614.302(b) does not ap ply to Mr. Wells' appeal brought before the Merit Systems Board, and thus does not preclude his EEO complaint and exhaustion of remedies for alleged discrimination through the DCR. Therefore, dismissal for failure to exhaust administrative remedies is not warranted, and the Secretary's Motion is DENIED. **SEE ENTRY** Signed by Judge Tanya Walton Pratt on 8/20/2014. (ADH)
|November 21, 2013
ORDER ON DEFENDANT'S MOTION TO DISMISS AND PLAINTIFF'S MOTION FOR SANCTIONS - Exercising the judicial discretion afforded the Court under Fed. R. Civ. P. 4(m), the Secretary's Motion to Dismiss (Dkt. 11 ), is DENIED, and Mr. Wells is ordered to effectuate service upon the Attorney General of the United States within fourteen (14) days of the date of this Entry. Additionally, Mr. Wells' Motion for Sanctions included in his Response in Opposition to The Secretary's Motion to Dismiss (Dkt. 15 ), is DENIED as improper and unsubstantiated. Signed by Judge Tanya Walton Pratt on 11/21/2013. (JD)
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