Free Declaration in Support - District Court of California - California

Case 3:07-cv-04952-JSW

Document 10-5

Filed 12/26/2007

Page 1 of 3

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P. 0. Box 19848 Washington, D.C. 20036

Complainant,

N VOECMA

Dr. Donald C. Winter, Secretary, Department of the Navy, Agency. Request No. 0520070584 Appeal No. 0120051864 Agency No. 9965885001C DENIAL Complainant timely requested reconsideration of the decision in Pauline M. Horvath v. Department of the N&, EEOC Appeal No. 0120051864 (April 16, 2007). EEOC Regulations provide that the Commission may, in its discretion, grant a request to reconsider any previous Commission decision where the requesting party demonstrates that: (1) the appellate decision involved a clearly erroneous interpretation of material'fact or law; or (2) the appellate decision will have'a'suhstantial impak on the policies, practices, or operations of the agency. See 29 C.F.R. 5 1614.405(b). After reconsidering the previous decision and the entire record, the Commission finds that the request fails to meet the criteria of 29 C.F.R 5 1614.405@), and it is the decision of the Commission to deny the'request.. The decision in EEOC Appeal No: 0120051864 remains the Conimission's final decision. There is no further right of administrative appeal on the decision of the Commission on this request. COMPLAINANT'S RIGHT TO FILE .A CIVIL ACTION (P0900) This decision of the Commission is final, and there is no further right of administrative appeal from the Commission's decision. You have the right to file a civil action in an appropriate United States District Court within ninety (90) calendar days from the date that you receive ut this decision. If you file a civil action, you m s name as the defendant in the complaint the

EXHIBIT

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Case 3:07-cv-04952-JSW

Document 10-5

Filed 12/26/2007

Page 2 of 3

person who is the official agency head.or department head, identifying that person by his or her full name and official title. Failure to do so may result in the dismissal of your case in court. "Agency" or "department" means the national organization, and not the local office, facility or department in which you work. RIGHT TO REOUEST COUNSEL (21199) If you decide to file a civil action, and if you do not have or cannot afford the services of an attorney, you may request that the Court appoint an attorney to represent you and that the Court permit you to file the action without payment of fees, costs, or other security. See Title VIT of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq.; the Rehabilitation Act of 1973, as amended, 29 U.S.C. 791, 794(c). The grant or deninl of the request is $5 within the sole discretion of the Court. Filing a request for an attorney does not extend your time in which to file a civil action. Both the request and the civil action must be fded within the time limits as stated in the paragraph above ("Right to File A Civil Action").

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FOR THE COMMISSION:

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Carlton M. Hadden, Director Office of Federal Operations

/jy.&

JUN 2 1.2007
Date

Case 3:07-cv-04952-JSW

Document 10-5

Filed 12/26/2007

Page 3 of 3

CERTIFICATE OF MAILING

For timeliness purposes, the Commission will presume that this decision was received within five (5) calendar days after it was mailed. I certify that this decision was mailed to
the following recipients on the date below:

Pauline M. Horvath 3544 Custer St #3 Oakland, CA 94601
William A. Navas Jr., Asst. Secretary, .MRA/EEO (NAVOECMA) OCHR Code 015 Department of the Navy 614 Sicard St., SE #I00 Washington Navy Yard, DC 20374-5072

JUN 2 1 2007
Date
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