Cheyssial
Cheyssial v. Wormuth
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 CATHERINE MARY CHEYSSIAL, Case No. 20-cv-03214-WHO
Plaintiff,
ORDER DENYING MOTION TO
v. DISMISS AND SETTING CASE
MANAGEMENT CONFERENCE
RYAN D. MCCARTHY, Re: Dkt. No. 20 Defendant.
12 Pro se plaintiff Catherine M. Cheyssial filed this action against defendant Ryan D. McCarthy, Secretary of the Army, alleging age and disability discrimination and retaliation. Before me is McCarthy’s motion to dismiss on grounds that this action is untimely and, alternatively, that the Amended Complaint fails to state a claim for discrimination based on a protected class covered by Title VII. Cheyssial alleges that she did not receive actual notice of the November 13, 2019 Equal Employment Opportunity Commission (“EEOC”) decision until January 28, 2020 and that her initial Complaint in this court was mailed on February 27, 2020, within the statutory deadline, but was rejected as a defective pleading. Taking these allegations as true, and liberally…