Kendrick v. DeJoy

District Court, E.D. Wisconsin

Kendrick v. DeJoy

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN

SUAN D. KENDRICK,

Plaintiff, Case No. 24-cv-1669-pp v.

LOUIS DEJOY, US POSTAL SERVICE, LINDA NARANJO, KEVIN GOODMAN, PRISELLA PARAISO-HALL, and NATIONAL AGENCY CHECK WITH INQUIRIES,

Defendants.

ORDER GRANTING PLAINTIFF’S MOTION TO STAY AND CLOSING CASE FOR ADMINISTRATIVE PURPOSES

On December 27, 2024, the plaintiff, who is representing himself, filed this (second) complaint alleging the U.S. Postal Service and its employees subjected him to discrimination and retaliation by allegedly rescinding his job offer. Dkt. No. 1; See also Kendrick v. Brennan, Case No. 20-cv-1884 (E.D. Wis.). That same day, the plaintiff filed a motion to stay the case until he received an “outcome in EEOC No. 440-2024-00303x.” Dkt. No. 2. The plaintiff paid the $405 filing fee. Before bringing a Title VII claim, a plaintiff first must exhaust his administrative remedies by filing charges with the EEOC and receiving a right- to-sue letter. Chaidez v. Ford Motor Co.,

937 F.3d 998

, 1004 (7th Cir. 2019) (citing Rush v. McDonald’s Corp.,

966 F.2d 1104, 1110

(7th Cir. 1992)). Receiving a right-to-sue letter is not a jurisdictional prerequisite to a Title VII suit; it is “a defense to a Title VII claim.” Bell v. DeJoy, Case No. 24-1478,

2024 WL 4948846

, *3 (7th Cir. Dec. 3, 2024) (quoting Worth v. Tyer,

276 F.3d 249, 259

(7th Cir. 2001)). Because the defendants have not asserted this defense and have yet to appear in the case (due to the fact that the court has not yet screened the complaint or ordered the defendants to respond), the court will grant the plaintiffs motion to stay his premature filing rather than dismissing the case. The court GRANTS the plaintiff's motion to stay. Dkt. No. 2. The court ORDERS that this case is ADMINISTRATIVELY CLOSED. The plaintiff may file a motion to reopen within ninety days of receiving a right-to- sue letter, and thus preserve his filing date. Dated in Milwaukee, Wisconsin this 9th day of January, 2025. BY THE COURT:

Chief United States District Judge

Reference

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