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Wilkie v. Dep't of Health and Human Services

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NORTH DAKOTA NORTHWESTERN DIVISION


March 26, 2009

DR. PENNY M. WILKIE, PLAINTIFF,
v.
THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, DEFENDANT.
DR. PENNY M. WILKIE, PLAINTIFF,
v.
THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, DEFENDANT.

The opinion of the court was delivered by: Charles S. Miller, Jr. United States Magistrate Judge

ORDER

On October 15, 2007, the Defendant filed a motion to dismiss in Case No. 4:07-cv-027. The court granted the motion as it pertained to Plaintiff's Title VII claim. See Case No. 4:07-cv-027, Docket No. 27. However, it denied the motion as it related to Plaintiff's tort and constitutional claims, and them abeyance pending a final decision from the Merit Systems Protection Board. See Case No. 4:07-cv-027, Docket No. 27.

On November 21, 2008, Plaintiff filed a complaint in a new action, Case No. 4:08-cv-100, that essentially mirrored the complaint filed in Case No. 4:07-cv-027. Therein Plintiff stated that the Merits Systems Protection Board had issued its final decision denying her claims and that her administrative remedies were therefore exhausted.

On December 11, 2009, the court entered an order consolidating Case Nos. 4:07-cv-027 and 4:08-cv-100.

The stay is lifted as Plaintiff has allegedly exhausted her administrative remedies. The underersigned shall hold a scheduling/status teleconference with the parties on April 28, 2009, at 9:00 a.m. The court shall initiated the call. The parties are to submit a joint proposed revised scheduling/discovery plan to the undersigned at least two days prior to the conference.

IT IS SO ORDERED.

20090326

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