Nelmida

Nelmida v. Shelly Eurocars, Inc.

Good Law
112 F.3d 380·97 Daily Journal DAR 5436·1997 WL 206184·71 Empl. Prac. Dec. (CCH) 44,995·73 Fair Empl. Prac. Cas. (BNA) 1313
United States Court of Appeals for the Ninth CircuitApril 29, 1997No. 95-16334California3,060 words

Opinion

Lead Opinion

Nelson, J.

OVERVIEW

Rachael C. Nelmida brought suit in Hawaii state court against defendants Shelly Euro-cars, Inc., dba BMW of Honolulu, Ltd.; Charles Gates; Charles Miller; and Scott Dempsey alleging violations of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e et seq., as well as violations of state law. The defendants removed the ease to federal district court, then filed a motion for summary judgment on the Title VII claims. The district court granted summary judgment on the Title VII claims and remanded the remaining claims to state court. We have jurisdiction over this appeal pursuant to 28 U.S.C. § 1291 . We affirm.

FACTS AND PROCEDURAL HISTORY

On January 20, 1993, Nelmida resigned her position at BMW of Honolulu. Approximately nine months later, on October 15, 1993, Nelmida filed a charge of race and sex discrimination against defendants with the Equal Employment Opportunity Commission (“EEOC”). On March 11, 1994, after completing an investigation into Nelmida’s charges, the EEOC’s investigator sent a predetermination letter to Nelmida informing her that their investigation was complete and inviting her to provide further documentation and evidence…

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