Chung v. El Paso School District #11

Filing 98

ORDER; The 96 Order to Show Cause is DISCHARGED. IT IS FURTHER ORDERED that Plaintiffs Title VII retaliation claim is DISMISSED without prejudice for lack of subject matter jurisdiction. See Order to Show Cause [#96]at 2-4. An Order regarding Defendants Corrected Motion for Summary Judgment [#79], which now pertains only to Plaintiffs Title VII discrimination claim, will issue in due course, by Magistrate Judge Kristen L. Mix on 7/2/15. (morti, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-01520-KLM
JULIA CHUNG,
Plaintiff,
v.
EL PASO SCHOOL DISTRICT #11,
Defendant.
_____________________________________________________________________
ORDER
_____________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on the Court’s Order to Show Cause [#96]1 and on
Plaintiff’s Verified Response to Order to Show Cause and Affidavit [#97] (the “Motion”).
On June 29, 2015, the Court issued the Order to Show Cause with respect to whether the
Court had subject matter jurisdiction over Plaintiff’s Title VII retaliation claim, for which
Plaintiff had not yet received a right-to-sue letter. The Court concluded by presenting
Plaintiff with the following options: (1) attach to her response a copy of the notice of right
to sue from the EEOC on Plaintiff’s retaliation claim; (2) voluntarily dismiss her retaliation
claim without prejudice, or (3) state that she would prefer to administratively close the case
until receipt of her notice of right to sue from the EEOC on her second charge. [#96] at 4-5.
Plaintiff responded on July 2, 2015, by indicating that she would prefer to dismiss her

1

“[#96]” is an example of the convention the Court uses to identify the docket number
assigned to a specific paper by the Court’s case management and electronic case filing system
(CM/ECF). This convention is used throughout this Order.

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retaliation claim without prejudice. Accordingly,
IT IS HEREBY ORDERED that the Order to Show Cause [#96] is DISCHARGED.
IT IS FURTHER ORDERED that Plaintiff’s Title VII retaliation claim is DISMISSED
without prejudice for lack of subject matter jurisdiction. See Order to Show Cause [#96]
at 2-4.
An Order regarding Defendant’s Corrected Motion for Summary Judgment [#79],
which now pertains only to Plaintiff’s Title VII discrimination claim, will issue in due course.

Dated: July 2, 2015

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