Kone v. District of Columbia
808 F. Supp. 2d 80
D.D.C.2011Background
- Plaintiff Barbara J. Kone alleges age discrimination by the District of Columbia Public Schools, resulting in termination effective August 1, 2008.
- Plaintiff filed an EEOC discrimination charge; the EEOC issued a right-to-sue letter on September 21, 2010.
- Plaintiff brought this federal action under the ADEA seeking various damages and remedies.
- The District moved to dismiss the complaint as untimely and on other grounds; the court addresses timeliness and concessions.
- The court finds the complaint timely but dismisses the action, concluding plaintiff conceded the remaining arguments for dismissal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of filing under ADEA | Kone timely filed within 90 days of notice receipt. | Complaint untimely when calculated from notice. | Timely filing; complaint timely. |
| CMPA as exclusive remedy for retirement claims | CMPA should not bar federal ADEA claim. | CMPA provides exclusive remedy for retirement-related claims. | Conceded and dismissal upheld; CMPA applies. |
| Mandatory notice under DC law for retirement damages | DC notice requirements were not properly invoked for retirement damages. | Plaintiff failed to comply with DC notice requirements. | Conceded and dismissal upheld; notice requirements satisfied or conceded. |
| Effect of plaintiff's failure to oppose arguments | Opposition addressed the merits of some arguments. | Unaddressed arguments should be treated as conceded under Local Rule 7(b). | Conceded; dismissal affirmed. |
Key Cases Cited
- Baldwin County Welcome Center v. Brown, 466 U.S. 147 (1984) (presumptive three-day receipt for mail filings)
- Coleman v. Potomac Electric Power Co., 310 F. Supp. 2d 154 (D.D.C. 2004) (timeliness under 90-day rule for EEOC notices)
- Guillén v. Nat'l Grange, 955 F. Supp. 144 (D.D.C. 1997) (tolling of limitations when filing complaint with in forma pauperis)
- Stone v. Landis Construction Corp., 733 F. Supp. 2d 148 (D.D.C. 2010) (timeliness where filing received before expiration period)
- Hoffman v. District of Columbia, 681 F. Supp. 2d 86 (D.D.C. 2010) (conceding arguments when plaintiff fails to respond)
- Cummings ex rel. J.C. v. Woodson Senior High School, 563 F. Supp. 2d 256 (D.D.C. 2008) (addressing failure to respond leading to dismissal)