Swoboda v. McDonough

• Court: District Court, E.D. Washington
• Decided: November 4, 2022
• Docket: 2:21-cv-00069
• Status: Unknown

Opinion

1 FILED IN THE U.S. DISTRICT COURT 2 EASTERN DISTRICT OF WASHINGTON Nov 04, 2022 3 SEAN F. MCAVOY, CLERK 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF WASHINGTON 7 8 KATHLEEN M. SWOBODA, 9 Plaintiff, No. 2:21-CV-00069-SAB 10 v. 11 DENIS MCDONOUGH, Secretary of the ORDER GRANTING 12 Department of Veterans Affairs, DEFENDANT’S MOTION TO 13 Defendant. DISMISS 14 15 Before the Court is Defendant’s Motion to Dismiss for Lack of Jurisdiction, 16 ECF No. 26. The motion was considered without oral argument. Plaintiff is 17 proceeding pro se. Defendant is represented by Assistant United States Attorney 18 Timothy Durkin. 19 Plaintiff alleges she was subject to sex discrimination and retaliation by 20 Defendant, in violation of Title VII of the Civil Rights Act of 1964. On July 3, 21 2018, and April 2, 2021, Plaintiff executed two settlement agreements with 22 Defendant, resolving the Title VII claims. Settled claims are moot. EEOC v. 23 Goodyear Aerospace Corp., 813 F.2d 1539, 1542 (9th Cir. 1987). Since Plaintiff’s 24 claims are moot, the Court lacks jurisdiction over this action. Gator.com Corp. v. 25 L.L. Bean, Inc., 398 F.3d 1125, 1132 (9th Cir. 2005). Consequently, Defendant’s 26 motion to dismiss is granted. 27 // 28 // 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. 11 12 13 14 Shockey Ere thar 6 Stanley A. Bastian Chief United States District Judge 18 19 20 21 22 23 24 25 26 27 28