Andrade v. Arby's Restaurant Group, Inc. et al

Filing 93

ORDER TO SHOW CAUSE RE: EXHAUSTION OF ADMINISTRATIVE REMEDIES. Re: Dkt. No. 87 . Signed by Judge Nathanael Cousins on 9/6/2016. (lmh, COURT STAFF) (Filed on 9/6/2016)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 MIRIAM ANDRADE, 11 United States District Court Northern District of California 10 Plaintiff, 12 13 14 v. ARBY'S RESTAURANT GROUP, INC., et al., Case No.15-cv-03175-NC ORDER TO SHOW CAUSE RE: EXHAUSTION OF ADMINISTRATIVE REMEDIES Re: Dkt. No. 87 Defendants. 15 16 17 The Court instructs plaintiff Andrade to present evidence showing Andrade 18 exhausted her administrative remedies before filing her complaint. Andrade must present 19 this evidence at the hearing for the Motion for Default Judgment on September 7, 2016. 20 The Court instructs Andrade to present evidence of exhaustion as to claim one – Sexual 21 Harassment in violation of the Fair Employment and Housing Act (“FEHA”) and Title VII, 22 claim five – Failure to Prevent Harassment and Failure to Prevent Battery in violation of 23 FEHA, claim sixteen –Unlawful Retaliation in violation of FEHA, and claim seventeen – 24 Wrongful Termination in violation of Public Policy, referencing FEHA. 25 26 Such evidence should include a right-to-sue notice from the California Department of Fair Employment and Housing specifically referring to defendant Altamira. 27 28 Case No.15-cv-03175-NC 1 IT IS SO ORDERED. 2 3 Dated: September 6, 2016 4 _____________________________________ NATHANAEL M. COUSINS United States Magistrate Judge 5 6 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case No.:15-cv-03175-NC 2

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