Swoboda v. McDonough

1 FILED IN THE U.S. DISTRICT COURT 2 EASTERN DISTRICT OF WASHINGTON Nov 04, 2022 SEAN F. MCAVOY, CLERK 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF WASHINGTON KATHLEEN M. SWOBODA, 9 Plaintiff, No. 2:21-CV-00069-SAB 10 v. DENIS MCDONOUGH, Secretary of the ORDER GRANTING Department of Veterans Affairs, DEFENDANT’S MOTION TO 13 Defendant. DISMISS 15 Before the Court is Defendant’s Motion to Dismiss for Lack of Jurisdiction, ECF No. 26. The motion was considered without oral argument. Plaintiff is proceeding pro se. Defendant is represented by Assistant United States Attorney Timothy Durkin.

19 Plaintiff alleges she was subject to sex discrimination and retaliation by Defendant, in violation of Title VII of the Civil Rights Act of 1964. On July 3, 2018, and April 2, 2021, Plaintiff executed two settlement agreements with Defendant, resolving the Title VII claims. Settled claims are moot. EEOC v. Goodyear Aerospace Corp., 813 F.2d 1539, 1542 (9th Cir. 1987). Since Plaintiff’s claims are moot, the Court lacks jurisdiction over this action. Gator.com Corp. v. L.L. Bean, Inc., 398 F.3d 1125, 1132 (9th Cir. 2005). Consequently, Defendant’s motion to dismiss is granted.

27 // // 1 Accordingly, IT IS HEREBY ORDERED: 1. Defendant’s Motion to Dismiss for Lack of Jurisdiction, ECF No. 26, GRANTED.

2. The above-captioned case is DISMISSED for lack of subject matter 5|| jurisdiction.

3. The Clerk of Court is directed to ENTER JUDGMENT in favor of Defendant and against Plaintiff.

8 IT IS SO ORDERED. The District Court Executive is hereby directed to file this Order, provide copies to counsel and pro se Plaintiff, and close the file.

10 DATED this 4th day of November 2022.

Shockey Ere thar 6 Stanley A. Bastian Chief United States District Judge