Suzette Tippitt v. Tesoro Refining & Marketing Company LLC, et al

Filing 30

ORDER FOR ADDITIONAL BRIEFING AND CONTINUING SUMMARY JUDGMENT HEARING. Motion Hearing previously set for 7/23/2015 Continued to 8/13/2015 at 01:30 PM in Courtroom 3, 17th Floor, San Francisco before Hon. Richard Seeborg. Signed by Judge Richard Seeborg on 7/6/15. (cl, COURT STAFF) (Filed on 7/6/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SUZETTE TIPPITT,

Case No. 14-cv-03893-RS

Plaintiff,
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v.
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TESORO REFINING & MARKETING
COMPANY LLC, et al.,

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United States District Court
Northern District of California

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ORDER FOR ADDITIONAL BRIEFING
AND CONTINUING SUMMARY
JUDGMENT HEARING

Defendants.

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In their motion for summary judgment, defendants contend that this action is time-barred

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in its entirety through the operation of regulations promulgated by the California Department of

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Fair Employment and Housing (“DFEH”). Those regulations provide:

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(d) The department shall amend closed employment discrimination complaints as
requested by complainants or their counsel.
(e) When the department amends a closed complaint, the department shall neither
reopen the complaint nor make an administrative determination on the validity,
retroactivity, or merits of the amendment.

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(f) When a closed complaint is amended by the department, the original filing
date and right-to-sue notice shall remain in effect, as shall the original statute of
limitations for filing a private lawsuit. Cal. Code Regs. tit. 2, § 10022(d)-(f)
(emphasis added).

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The parties are hereby ordered to prepare and submit additional briefing addressing in

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more detail whether the above provisions operate to bar plaintiff’s claims of gender

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discrimination. The parties’ briefing shall specifically address whether the DFEH has authority to

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define the statute of limitations established by California Government Code § 12965(b) in the

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manner apparently contemplated by the regulations. On or before July 24, 2015, each party shall

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file a brief of no more than five pages addressing the foregoing issues. The hearing on defendants’

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motion for summary judgment is hereby continued to August 13, 2015 at 1:30 PM.

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IT IS SO ORDERED.

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Dated: July 6, 2015
______________________________________
RICHARD SEEBORG
United States District Judge

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United States District Court
Northern District of California

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ORDER FOR ADDITIONAL BRIEFING
CASE NO. 14-cv-03893-RS

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