Cesar v. Maywood Terrace Living Center

Filing 15

ORDER granting 8 motion to dismiss case. Signed by District Judge Gary A. Fenner on 6/8/09. (Mitchell, Lisa) Modified on 6/11/2009 to acknowledge that the order was sent to Ms. Cesar by regular and certified mail article #7006 0100 0001 8843 3289 at 4715 E. 46th St., Kansas City, MO 64130 (Beard, Melanie).

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI WESTERN DIVISION TEQUILA CEASAR, Plaintiff, vs. MAYWOOD TERRACE LIVING CENTER, Defendant. ) ) ) ) ) ) ) ) ) ) Case No. 09-0269-CV-W-GAF ORDER GRANTING MOTION TO DISMISS Presently before the Court is Defendant Maywood Terrace Living Center's ("Defendant") Motion to Dismiss filed pursuant to Fed. R. Civ. P. 12. (Doc. #8). In order to maintain a cause of action for discrimination under Title VII, a plaintiff must first file a charge of discrimination with the Equal Employment Opportunity Commission within 300 days of the alleged unlawful employment practice. 42 U.S.C. 2000e-5(e). Here, pro se Plaintiff Tequila Ceasar ("Plaintiff") alleges the last incident of discrimination took place on September 11, 2007. However, she did not file her charge of discrimination until August 1, 2008, after approximately 325 days had passed. For this reason, it is ORDERED that Defendant's Motion is GRANTED and Plaintiff's Complaint is DISMISSED. s/ Gary A. Fenner Gary A. Fenner, Judge United States District Court DATED: June 8, 2009

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