Collins v. Safeway, Inc.

Filing 7

ORDER: Granting Motion to Dismiss 4 . This action is dismissed. Signed on 11/10/2010 by U.S. District Judge Michael R. Hogan. (jw)

Collins v. Safeway, Inc.

Doc. 7

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON EUGENE DIVISION CHERYL COLLINS, Plaintiff, v. SAFEWAY, INC., a foreign corporation, Defendant. ) ) ) ) ) ) ) ) ) )

Civil No. 10-6266-HO ORDER

Plaintiff, Cheryl Collins brings this action alleging unlawful employment practices under ORS §§ 659A.030 and 659A.150. Defendant moves to dismiss contending that the claims are untimely.

Plaintiff has not responded to the motion. The record indicates that plaintiff filed a complaint with the Oregon Bureau of Labor and Industries (BOLI) on December 16, 2009. BOLI dismissed the complaint on March 23, 2010 and issued a right to sue letter on that date. Plaintiff filed the instant complaint

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in the Circuit Court for the State of Oregon, County of Deschutes on June 23, 2010. Under ORS § 659A.880, any right to bring a civil action will be lost if the action is not commenced within 90 days of the date of mailing of the right to sue letter from BOLI. Plaintiff

instituted this action two days beyond the allowable time for filing. Accordingly, the motion to dismiss is granted.

CONCLUSION For the reasons stated above, defendant's motion to dismiss (#4) is granted and this action is dismissed.

DATED this 10th day of November, 2010. s/ Michael R. Hogan United States District Judge

2 - ORDER