UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 CHERYL YOUNG, Case No. 19-cv-01411-JCS
Plaintiff,
ORDER DENYING MOTION TO
v. DISMISS COUNTERCLAIMS
PETE BUTTIGIEG, Re: Dkt. No. 84 Defendant.
I. INTRODUCTION Plaintiff Cheryl Young, pro se, prevailed on administrative claims for employment discrimination against her former employer, the Department of Transportation (“DOT”). When Defendant, the Secretary of Transportation, failed to offer Young a position she considered equivalent for reinstatement, Young brought this action to challenge the outcome of the administrative proceedings. By necessity, Young seeks de novo review of the administrative determination. The Court previously denied the Secretary’s motion for summary judgment based on Young’s failure to return the back pay she received from the administrative decision, but allowed the Secretary to bring a counterclaim for such funds, subject to a motion to dismiss. The Secretary has now filed…