MOTION TO DISMISS

Latabitha Bryant

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City, ST ZIP Code

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Plaintiff in pro per

 

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

 

LATABITHA BRYANT,

Plaintiff,

vs.

DENIS R. MCDONOUGH, SECRETARY, U.S. DEPARTMENT OF VETERAN AFFAIRS,

Defendant.

 Case No.: 21 C 4461

PLAINTIFF’S OPPOSITION TO MEMORANDUM IN SUPPORT OF DEFENDANT’S MOTION TO DISMISS

 

NOW COMES Latabitha Bryant, Plaintiff, and files this Opposition to Memorandum in Support of Defendant’s Motion to Dismiss, and for cause would show this Honorable Court as follows:

  1. Defendant claims that Plaintiff filed her complaint to the Equal Employment Opportunities Commission outside the time required to file a complaint. Plaintiff avers that her complaint was filed within the 45-day stipulated period.
  2. This Court has  jurisdiction to hear this matter pursuant to 28 U.S. Code § 1331; and 1343. The case involves violation of a federal statute as well as violation of Plaintiff’s civil rights guaranteed under Title VII. 
  3. Venue is proper before this Court pursuant to 28 U.S. Code § 1391. The causes of action described in Plaintiff’s Complaint took place within the Northern District of Illinois, Eastern Division.
  4. Defendant claims that Plaintiff’s IHRA and FLSA claims must be dismissed since this Court only has jurisdiction over discrimination in federal employment. Plaintiff avers that she will amend her Complaint accordingly to expunge the IHRA and FLSA claims.

REASONS WHEREFORE, PREMISES CONSIDERED, Plaintiff respectfully requests this Honorable to dismiss Defendant’s Motion to Dismiss with costs to Plaintiff.

 

Dated this ____ day of June, 2022.

 

Respectfully Submitted,

 

___________________________________

Latabitha Bryant,

Plaintiff in pro per

VERIFICATION

I, Latabitha Bryant, being duly sworn depose and say that I have read the foregoing Opposition to Memorandum in Support of Defendant’s Motion to Dismiss and know the contents thereof. That the same is true of my own knowledge except as to those matters and things stated upon information and belief, and as to those things, I believe them to be true.

 

_________________________________

(Sign in the presence of a Notary Public)

 

Sworn to and subscribed before me this ___ day of June, 2022.

______________________________

Notary Public

________________________________________

(Printed name of Notary Public)

My Commission Expires: ____________________

 

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