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Pico v. Consumnes River College

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA -- SACRAMENTO DIVISION


October 21, 2010

GLENN PICO, PLAINTIFF,
v.
CONSUMNES RIVER COLLEGE AND ROBERT MONTANEZ, DEAN, DEFENDANTS.

The opinion of the court was delivered by: The Honorable John A. Mendez

ORDER GRANTING DEFENDANTS' MOTION TO DISMISS

On August 13, 2010, Defendants Cosumnes River College and Robert Montanez filed a Motion to Dismiss Plaintiff's Complaint under Federal Rules of Civil Procedure, Rule 12(b)(6).

Plaintiff Glenn Pico filed an Opposition brief on September 7, 2010 and a "Notice of New Events; Errata to Opposition" on September 29, 2010. Defendants filed a Reply brief and a Request for Judicial Notice on October 13, 2010. Plaintiff filed a Response to Defendant's Request to Take Judicial Notice on October 13, 2010.

The Court heard this matter on October 20, 2010, the Honorable Judge John A. Mendez, presiding. Kellie M. Murphy and Jason M. Sherman appeared on behalf of Defendants. James Joseph Lynch, Jr. appeared on behalf of Plaintiff.

Having considered all matters submitted in the papers, all admissible evidence submitted in connection therewith, the pleadings on file in this matter, and the applicable law, and following oral argument, the Court finds and rules as follows:

A plaintiff must commence a civil action based on charges contained in an Equal Employment Opportunity Commission complaint within 90 days of receipt of the Notice of Right to Sue. This 90-day time period is proscribed for civil actions brought under Title VII. (42 U.S.C. § 2000e-5(f)(1).) It is undisputed that Plaintiff in this matter did not file a Complaint within 90 days of receipt of his Notice of Right to Sue, and that the Complaint subject to this motion was filed beyond the 90 day time period.

Defendants' Motion to Dismiss Plaintiff's entire Complaint is GRANTED with prejudice. The Court directs the Clerk to enter judgment in favor of Defendants pursuant to Rule 58(a).

IT IS SO ORDERED.

20101021

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