WELLS v. NAPOLITANO

WELLS v. NAPOLITANO

Plaintiff:	ADAM WELLS
Defendant:	JANET NAPOLITANO
Case Number:	1:2013cv00527
Filed:	March 28, 2013
Court:	US District Court for the Southern District of Indiana
Office:	Indianapolis Office
Presiding Judge:	Tim A. Baker
Presiding Judge:	Tanya Walton Pratt
Nature of Suit:	Civil Rights: Jobs
Cause of Action:	42 U.S.C. § 2000 e Job Discrimination (Employment)
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
August 20, 2014	Filing 42 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	Filing 24 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)

Date Filed

Document Text

August 20, 2014

Filing 42 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

Filing 24 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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Plaintiff: ADAM WELLS
Represented By:	Joel Samuel Paul
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Defendant: JANET NAPOLITANO
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