Free Motion in Limine - District Court of Arizona - Arizona


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Date: August 25, 2005
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State: Arizona
Category: District Court of Arizona
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“°"°"“ '°' "°’°°’ U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
DISMISSAL AND NOTICE OF RIGHTS

T0: Mr. Lewis Silverman From: U. S. Equal Employment Opportunity Commission
l 136 East Villa Rita Di-ive 3300 North Central Avenue, Suite #690
Phoenix, AZ 85022 Phoenix, Arizona 850l2-l848
[ l On hehuyofpersontr) aggrieved whose identity is
(`rm/idenIia/ {29CFR & [60/). 7(all
Charge Number EEOC Representative Telephone Number
350-2003-83550 David B. Rucker, Supervisor Unit [I [602) 640-5055
THE EEOC IS CLOSING ITS FILE ON THIS CHARGE FOR THE FOLLOWING REASON:
[ ] The facts alleged in the charge fail to state a claim under any of the statutes enforced by the EEOC.
[ ] Your allegations did not involve a disability that is covered by the Americans with Disabilities Act.
[ ] The Respondent employs less than the required number of employees or is not otherwise covered by the statutes.
[ l We cannot investigate your charge because it was not tiled within the time limit required by law.
[ l Having been given 30 days in which to respond, you failed to provide information, failed to appear or be available for
interviews/conferences, or otherwise failed to cooperate to the extent that it was not possible to resolve your charge.
[ ] While reasonable efforts were made to locate you, we were not able to do so.
[ ] You had 30 days to accept a reasonable settlement offer that affords full relief for the harm you alleged.
[Xl The EEOC issues the following determination: Based upon its investigation, the EEOC is unable to conclude that the
information obtained establishes violations of the statutes. This does not certify that the respondent is in compliance with the
statutes. No finding is made as to any other issues that might be construed as having been raised by this charge. _
[ ] The EEOC has adopted the findings ofthe state or local fair employment practices agency that investigated this charge.
[ l Olll€i' (briefly scare)
- NOTICE OF SUIT RIGHTS -
(See che additional information attached to this form)
Title VII, the Americans with Disabilities Act, and/or the Age Discrimination in Employment Act: This will be the only notice of
dismissal and of your right to sue that we will send you. You may pursue this matter further by bringing suit in federal or state court
against the respondent(s) named in the charge. If you decide to sue, you must sue WITHIN 90 DAYS from your receipt of this Notice.
Otherwise your right to sue based on the above-numbered charge will be lost.
Equal Pay Act (EPA): EPA suits must be filed in federal or state court within 2 years (3 years for willful violations) ofthe alleged EPA
underpayment. This means that backpay due for any violations that occurred more than 2 years (3 years) before you file suit may not
be collectible. (if you tile suit, Please send a copy of your court complaint to this office.)
On behalf of H:·Commissio; `
'? Aus 2 v zum
Enclosure(s) Charles D. Burtner, District Director (date mailed)
cc:Albertsons
PS 001 065
Case 2:03—cv—02268-NVW Document 87-2 Filed 08/26/2005 Page 1 of 2

sr" &‘ U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
2. — .—. 5 Phoenix District Office Jaco N. cemn Avenue, sum: 690
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*·~ ¤° (602) 640-$000
'lTY(602) 640-$072
mx (602) 640-son
Mr. Lewis Silverman
1136 East Villa Rita Drive
Phoenix, AZ 85022
Subject: Dismissal of Charge
Charge Number: 350—2003-83550 .
Dear Mr. Silverman:
We have completed a preliminary review of your case. At this time, the information in the tile
does not indicate that any further investigation of your case would necessarily result in any
finding of discrimination. Consequently, we have decided that the Equal Employment
Opportunity Commission (EEOC) will not investigate this case any further. This letter, and the
enclosed documents, will dismiss your case from further action by the EEOC.
This dismissal is not a statement on the merits of your case. You still have rights tmder Federal
law to privately pursue this matter in Federal Court. We have enclosed a Dismissal and Notice
of Right to Sue form with this letter. This form will explain your rights. Please note that you
have only 90 days from the date that delivery ofthe Notice was at your last known
address of record or 90 days of receipt ofthe Notice, whichever is earlier, to file suit in Federal
Court, or you will lose your right to file a lawsuit against the respondent named in your charge.
Sincerely,
if QZ ‘ 7
AUG 2 7 ZUU3 y
Date David B. Rucker
Supervisor Unit H
Enclosures
PS OO1 O1 3
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Case 2:03-cv-02268-NVW

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Case 2:03-cv-02268-NVW

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