O'Connell

O'Connell v. Potter

Good Law
274 F. App'x 518
United States Court of Appeals for the Ninth CircuitApril 17, 2008No. 06-15873California501 words

Opinion

Lead Opinion

MEMORANDUM *

Patricia O’Connell (“O’Connell”) appeals the district court’s grant of summary judgment against her. On appeal, O’Connell argues that the district court wrongfully extended the deadline to file dispositive motions, and that the district court improperly found her complaint preempted by the Federal Employment Compensation Act (“FECA”), 5 U.S.C. § 8101 et seq. She also claims that the district court wrongly granted summary judgment in favor of the defendants on her Rehabilitation Act, retaliation and gender discrimination claims.

The district court did not abuse its discretion in granting the motion to continue. This case was not ready to proceed to trial, and by granting the motion, the district court more efficiently handled the case.

To the extent that O’Connell’s injuries were job-related, FECA’s remedy is exclusive. However, to the extent her claims are based on injuries that are not covered by FECA, they fail on the merits.

Before claiming discrimination in federal court, a plaintiff must first exhaust her administrative remedies. Brown v. Gen. Sen. Admin., 425 U.S. 820, 832 , 96 S.Ct. 1961 , 48 L.Ed.2d 402 (1976). In this case, O’Connell failed to exhaust her…

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