Schultz

Schultz v. Wal-Mart Stores, Inc.

Good Law
68 F. App'x 130
United States Court of Appeals for the Ninth CircuitJuly 2, 2003No. 02-35169; D.C. No. CV 00-0259-N-EJLCalifornia2,027 words

Opinion

Lead Opinion

MEMORANDUM ***

Nancy Schultz, an assistant manager for Wal-Mart in Sandpoint, Idaho, was discharged on September 8, 1998, allegedly for having expressed an intention to quit her job. Believing that the discharge was actually in retaliation for an earlier and pending discrimination action, Schultz filed an administrative complaint with the Idaho Human Rights Commission (IHRC) on September 3, 1999, 360 days after her discharge. On February 17, 2000, the IHRC issued Schultz a notice of administrative closure and right to sue, also notifying Schultz that she had 90 days to file a lawsuit. On May 15, 2000, just within the 90 days, Schultz filed suit against WalMart in the District of Idaho, alleging that her discharge constituted unlawful retaliation in violation of § 704(a) of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-3. Her complaint did not include any state law claims.

On January 8, 2001, the district court issued a Scheduling Conference Order, which directed the parties to complete any amendments of pleadings by April 6, 2001, to complete discovery by September 7, 2001 and to file any pre-trial motions by October 19, 2001. The parties had mutually agreed to…

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