Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Cade v. Alpha Project

July 17, 2009

STANLEY WARREN CADE, PLAINTIFF,
v.
THE ALPHA PROJECT, DEFENDANT.



The opinion of the court was delivered by: Hayes, Judge

ORDER

The matter before the Court is the Motion to Dismiss filed by Defendant, The Alpha Project. (Doc. # 8).

BACKGROUND

On November 13, 2008, Plaintiff Stanley Warren Cade filed a "Complaint for ... Retaliatory Termination Based on Sexual Harassment Complaint." (Doc. # 1). The Complaint consists of a single sentence: "Please refer to attached exhibits (forms)." (Doc. # 1 at 1). Plaintiff attached twenty-one pages to the Complaint, including a letter addressed to the Court dated November 13, 2008, two undated letters addressed to "To whom it may concern," and other documents. (Doc. # 1 at 2-22).

Among the documents attached to the Complaint is a Charge of Discrimination, which is signed by Plaintiff and dated September 11, 2008. The Charge of Discrimination, which was presented to the California Department of Fair Employment and Housing ("DFEH") and the Equal Employment Opportunity Commission ("EEOC"), states:

I. I was employed by the Neil Good Day Center from ... July 9, 2007, until I was discharged from my position on or about September 5, 2007. I believe that I have been discriminated against because of my sex (male) and retaliated against in that:

a. Beginning on or about July 2007, and continuing, I was subjected to unwanted touching by Brad Simmons, Manager, which I believe was sexual in nature.

b. On or about August 25, 2007, I complained to Mr. Simmons about touching me. He responded by saying that he touched everyone. Mr. Simmons and the staff became distan[t] after my complaint.

c. On or about September 5, 2007, I was terminated by Mr. Simmons for a complaint that he received by a city representative.

II. I believe that I have been discriminated against in violation of Title VII of the Civil Rights Act of 1964, as amended. (Doc. # 1 at 18).

Also attached to the Complaint is a Right to Sue Notice from the DFEH, dated September 18, 2008, and a Right to Sue letter from the EEOC, dated September 23, 2008. The EEOC Right to Sue letter indicates that "the EEOC is closing its file on this charge" because "the facts alleged in the charge fail to state a claim under any of the statutes enforced by the EEOC," and "[y]our charge was not timely filed with the EEOC." (Doc. # 1 at 17).

In one of the undated letters attached to the Complaint, Plaintiff states:

I sent letters to several organizations that specialize in civil rights and employment issues, but I did not receive any response from either. Approximately 3 months ago I decided to investigate as to what was taking so long. The first organization that I contacted was the EEOC, which began as a series of contacts at different offices until finally, I was given information of the San Diego location. At which point I discovered that they had made two attempts to contact me by mail that were unsuccessful.

The facility that I had been terminated from was the Neil Good Day Center for the Homeless. I had been a resident there and also had received my mail at the facility. After having been terminated I continued to receive my mail there yet I never received any letters from either of the organizations with which I had inquired with regarding my termination. The EEOC representatives informed me that they sent 2 letters to begin an investigation of the matter that required my signature, however I did not receive either. And for the record of the 2 they only received the second one as return mail, the other is missing in action. ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.