Knudson v. Amalgamatel Transportation #1637 et al

Filing 28

ORDER Granting 21 Motion to Dismiss and Denying 24 Motion for Writ of Execution. Case terminated. Signed by Judge Philip M. Pro on 11/16/10. (Copies have been distributed pursuant to the NEF - ASB)

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UNITED STATES DISTRICT COURT DISTRICT OF NEVADA *** ) ) Plaintiff, ) ) vs. ) ) AMALGAMATED ) TRANSPORTATION UNION LOCAL ) 1637; RICK VALERO, ) ) ) Defendants. ) ) HERBERT E. KNUDSON, 2 :10-CV-00130-PMP-RJJ ORDER

Before the Court for consideration is Defendant's Motion to Dismiss (Doc. #21), filed on October 20, 2010, and Plaintiff's Motion for Writ of Execution (Doc. #24) filed November 3, 2010. The Court finds that Defendant's fully briefed Motion to Dismiss (Doc. #21) should be granted for the reasons set forth therein, and that Plaintiff's Motion for Writ of Execution (Doc. #24) should be denied. Specifically, the Court finds Plaintiff's Complaint must be dismissed because it was not commenced within 90 days of obtaining the right-to-sue notice from the Equal Employment Opportunity Commission and is thus time-barred. Additionally, Plaintiff's Complaint fails to establish that ATU Local 1637is a proper Defendant or that Defendant ATU Local 1637 violated rights secured to Plaintiff under the Constitution of the United States. /// ///

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IT IS THEREFORE ORDERED that Defendant's Motion to Dismiss (Doc. #21) is GRANTED. IT IS FURTHER ORDERED that Plaintiff's Motion for Writ of Execution (Doc. #24) is DENIED. DATED: November 16, 2010.

PHILIP M. PRO United States District Judge

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