Opinion
No. C-01-0867 VRW
October 17, 2001
ORDER
This case involves claims of racial discrimination by plaintiff Georgia Celentano's employer, the United States Department of Labor (DOL) and subsequent mishandling of EEOC complaints by the DOL and the EEOC.
Defendants moved to dismiss under FRCP 12(b)(1) and (b)(6) on August 10, 2001. Plaintiff Georgia Celentano did not file an opposition to this motion. On September 28, 2001, the court ordered Ms Celentano to show cause why the action should not be dismissed. See 9/28/01 Order (Doc # 28). In response, the court has received a letter from Ms Celentano, which states:
As you are aware I have not filed a Notice of Non-Opposition to AUSA Abraham Simmons' Motion to Dismiss. do in fact oppose it but I realize it would just be a fruitless exercise to oppose it because of the reverse racial discrimination that you and certain minority employees of this district have engaged in that is preventing me from getting any semblance of a chance for justice.
Celentano 10/9/01 Letter (Doc #29).
Ms Celentano seems to have decided that continuing with this lawsuit would be fruitless. While the court disagrees with Ms Celentano's reasons for believing it fruitless, it is her decision whether to continue. The court therefore GRANTS defendants' motion to dismiss (Doc #27-1) without prejudice. The clerk is directed to close the file and terminate all pending motions.
IT IS SO ORDERED.