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[Redacted], Randolph A., 1 Petitioner, v. Denis R. McDonough, Secretary, Department of Veterans Affairs, Agency.

Petition No. 2020004882 (E.E.O.C. Jun. 23, 2021)
[Redacted], Randolph A., 1 Petitioner, v. Denis R. McDonough, Secretary, Department of Veterans Affairs, Agency.

17 Cited authorities

  1. Foman v. Davis

    371 U.S. 178 (1962)   Cited 29,330 times   4 Legal Analyses
    Holding that an appeal was improperly dismissed when the record as a whole — including a timely but incomplete notice of appeal and a premature but complete notice — revealed the orders petitioner sought to appeal

  2. Johnson v. Mammoth Recreations, Inc.

    975 F.2d 604 (9th Cir. 1992)   Cited 6,383 times
    Holding the "good cause" standard of Rule 16 controls after a scheduling order establishes the pleading timetable

  3. Wood v. Milyard

    566 U.S. 463 (2012)   Cited 338 times
    Holding that courts should exercise restraint in reaching issues that parties "would not have anticipated in developing their arguments on appeal"

  4. Holmes v. Grubman

    568 F.3d 329 (2d Cir. 2009)   Cited 828 times
    Affirming order denying leave to amend after scheduling order deadline because "[t]he record [wa]s devoid of evidence supporting plaintiffs' contention that good cause existed for the District Court to modify its scheduling order"

  5. Burns v. Imagine Films Entertainment, Inc.

    165 F.R.D. 381 (W.D.N.Y. 1996)   Cited 13 times
    In Burns v. Imagine Films Entertainment, Inc., 165 F.R.D. 381 (W.D.N.Y. 1996), the court ruled that agency/principal law applies to the attorney-client relationship, and that any knowledge acquired by counsel is imputed to plaintiffs at the time that their counsel receives said information — regardless as to when counsel reads such information or makes any decisions based on same.

  6. Badway v. United States

    367 F.2d 22 (1st Cir. 1966)   Cited 21 times

    No. 6707. Heard September 12, 1966. Decided October 20, 1966. Harold H. Winsten, Providence, R.I., for appellant. Mark S. Rothman, Atty. Dept. of Justice, with whom Mitchell Rogovin, Asst. Atty. Gen., Meyer Rothwacks and Joseph Kovner, Attys., Dept. of Justice, and Frederick W. Faerber, Jr., U.S. Atty., were on brief, for appellee. Before ALDRICH, Chief Judge, and McENTEE and COFFIN, Circuit Judges. OPINION OF THE COURT McENTEE, Circuit Judge. This is an appeal from the judgment of the district court

  7. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 161,044 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  8. Rule 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 93,233 times   91 Legal Analyses
    Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint

  9. Rule 16 - Pretrial Conferences; Scheduling; Management

    Fed. R. Civ. P. 16   Cited 34,822 times   54 Legal Analyses
    Adopting the sanctions authorized by Rule 37(b)

  10. Section 2000e-16 - Employment by Federal Government

    42 U.S.C. § 2000e-16   Cited 5,002 times   20 Legal Analyses
    Adopting provisions of § 2000e-5(f)-(k), including that "[e]ach United States district court . . . shall have jurisdiction of actions brought under this subchapter"

  11. Section 1614.407 - Civil action: Title VII, Age Discrimination in Employment Act, Rehabilitation Act, Genetic Information Nondiscrimination Act, and Pregnant Workers Fairness Act

    29 C.F.R. § 1614.407   Cited 749 times   1 Legal Analyses
    Authorizing civil actions if no final action is taken within 180 days after a complaint is filed

  12. Section 1614.408 - Civil action: Equal Pay Act

    29 C.F.R. § 1614.408   Cited 113 times
    Requiring that the complainant wait at least 180 days for a decision from the agency before filing a civil action and requiring that such an action be filed within 90 days of a final decision

  13. Section 1614.405 - Decisions on appeals

    29 C.F.R. § 1614.405   Cited 83 times   3 Legal Analyses
    Providing that " decision [of the EEOC in an administrative appeal] is final . . . unless . . . [e]ither party files a timely request for reconsideration"

  14. Section 1614.503 - Enforcement of final Commission decisions

    29 C.F.R. § 1614.503   Cited 64 times
    Describing civil action for enforcement of administrative award

  15. Section 1614.409 - Effect of filing a civil action

    29 C.F.R. § 1614.409   Cited 50 times
    Stating that: "Filing a civil action under § 1614.408 or § 1614.409 shall terminate Commission processing of the appeal"

  16. Section 1614.501 - Remedies and relief

    29 C.F.R. § 1614.501   Cited 42 times   3 Legal Analyses
    Incorporating § 1920 into the regulations

  17. Section 1614.403 - How to appeal

    29 C.F.R. § 1614.403   Cited 34 times
    Indicating that failure to file timely appeal requires dismissal by EEOC