Shoup v. Department of Veterans Affairs
Filing 24
DECISION AND ENTRY SUSTAINING IN PART AND NOT RULING UPON IN PART DEFENDANT ROBERT A. MCDONALD, SECRETARY OF VETERANS AFFAIR'S MOTION FOR SUMMARY JUDGMENT (DOC. # 15 ); DEFENDANT'S MOTION IS SUSTAINED WITH RESPECT TO PLAINTIFF'S CLAIMS FOR DISCRIMINATION (COUNT I) AND RETALIATION (COUNT II) EXCEPT TO THE EXTENT THAT SUCH CLAIMS ARISE FROM ALLEGED CONSTRUCTIVE DISCHARGE; JUDGMENT SHALL ULTIMATELY ENTER IN FAVOR OF DEFENDANT AND AGAINST PLAINTIFF ON COUNTS I AND II, EXCEPT TO THE EX TENT THAT THOSE CLAIMS ARISE FROM ALLEGED CONSTRUCTIVE DISCHARGE; PLAINTIFF IS ORDERED TO SHOW CAUSE WITHIN TWENTY-ONE (21) DAYS AS TO WHY REMAINDER OF HER CLAIMS SHOULD NOT BE DISMISSED WITH PREJUDICE FOR LACK OF SUBJECT MATTER JURISDICTION; DEFENDANT MAY FILE A RESPONSE WITHIN FOURTEEN (14) DAYS THEREAFTER. Signed by Judge Walter H. Rice on 6/15/16. (pb)
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