Downing v. Lee

Filing 81

MEMORANDUM OPINION. Signed by District Judge Liam O'Grady on 7/18/2017. (awac, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Alexandria Division

KRISTY DOWNING,

Plaintiff,

Civil No. l:16-cv-1511

Hon. Liam O'Grady
Hon. Micliael S. Nachmanoff

MICHELLE LEE, DIRECTOR OF THE U.S.

PATENT AND TRADEMARK OFFICE,
Defendant.

MEMORANDUM OPINION

Plaintiff Kristy Downing, proceeding;?™ .se, filed this Title VII suit against Defendant
Michelle Lee, Director ofthe U.S. Patent and Trademark Office (USPTO) in the U.S. District
Court for the Eastern District ofMichigan. On December 6, 2016, the case was transferred to the
Eastern District of Virginia. On February 13,2017, the Court denied Plaintiffs motion for a

preliminary injunction.' Defendant has now moved for summary judgment on five ofthe eleven
claims (Counts 1-5), and for dismissal pursuant to Federal Rule ofCivil Procedure 12(b)(6) for
three others (Counts 6-8). (Dkt. Nos. 60, 61). Defendant has further moved for dismissal

pursuant to Federal Rule ofCivil Procedure 12(b)(1) on three claims (Counts 9-11). (Dkt. No.

59). Plaintiff has conceded dismissal for Counts 9-11. See PL's Opp'n to MSJ at 1, Dkt. No. 71.
Plaintiff has opposed Defendant's motions with respect to Counts 1-8 and has moved for

summary judgment on Count 4. (Dkt. Nos. 55, 71). The parties have fully briefed these matters,

Following the denial ofPlaintiffs motion, the Court gave Plaintiff leave to amend her complaint for the second
time, and she did so on March 2, 2017. Second Am. Compl., Dkt. No. 50. The Coun had previously allowed
Plaintiffto amend her complaint on February 1, 2017. First Am, Compl. Dkt. No. 38.