Sanchez v. Duke

Filing 70

MINUTE ORDER granting in part and denying in part parties' 69 Stipulated Motion to Extend Certain Deadlines: Defendant's Pretrial Statement due by 8/22/2019, Plaintiff's Pretrial Statement due by 8/12/2019; granting in part and den ying in part Defendant's 55 Motion to Dismiss and for Summary Judgment; granting in part and denying in part Plaintiff's 60 Motion for Summary Judgment. Authorized by Judge Thomas S. Zilly. (SWT)(Kevin K McAllenan added. Kirstjen M Nielsen terminated.)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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JENNIFER SANCHEZ,

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Plaintiff,

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v.

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C17-1353 TSZ

KEVIN K. McALLENAN, Acting
Secretary, United States Department of
Homeland Security, Immigration and
Customs Enforcement, 1

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MINUTE ORDER

Defendant.
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The following Minute Order is made by direction of the Court, the Honorable
Thomas S. Zilly, United States District Judge:
(1)
The parties’ stipulated motion to extend certain dates and deadlines, docket
no. 69, is GRANTED in part and DENIED in part as follows:
(a)
The deadline for plaintiff’s pre-trial statement is EXTENDED from
August 7, 2019, to August 12, 2019;

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(b)
The deadline for defendant’s pre-trial statement is EXTENDED
from August 17, 2019, to August 22, 2019; and

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(c)
The motion to continue the trial date is DENIED. Except as
extended by this Minute Order, all other dates and deadlines set forth in the
Minute Order entered April 8, 2019, docket no. 47, shall remain in full force and
effect.

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Pursuant to Federal Rule of Civil Procedure 25(d), Acting Secretary McAllenan is SUBSTITUTED for

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MINUTE ORDER - 1

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(2)
Defendant’s motion to dismiss and for summary judgment, docket no. 55, is
GRANTED in part and DENIED in part as follows:

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(a)
Plaintiff’s discrimination and retaliation claims based on discrete
adverse employment actions other than termination are DISMISSED;
(b)

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Plaintiff’s claim under 42 U.S.C. § 1983 is DISMISSED;

(c)
Plaintiff’s sexual harassment and hostile work environment claim is
narrowed to not include allegations about intrusions of her work space, which the
evidence undisputedly indicates was not “because of sex”; and
(d)
Except as granted in Paragraphs 2(a)-(c), defendant’s motion is
DENIED. The claims remaining for trial are discriminatory and/or retaliatory
discharge and sexual harassment / hostile work environment. The Court will issue
a separate order explaining its reasoning.
(3)
Plaintiff’s motion for summary judgment, docket no. 60, is GRANTED in
part and DENIED in part as follows:

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(a)
Defendant’s eighth affirmative defense (no basis for imputing
liability to defendant) is STRICKEN because defendant has made no showing that
the Acting Secretary of the United States Department of Homeland Security is not
the proper defendant pursuant to 42 U.S.C. § 2000e-16(c); and

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(b)

(4)
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The Clerk is directed to send a copy of this Minute Order to all counsel of

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Plaintiff’s motion is otherwise DENIED.

Dated this 7th day of August, 2019.

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William M. McCool
Clerk

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s/Karen Dews
Deputy Clerk

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MINUTE ORDER - 2