No. 19-262

Xiao-Ying Yu v. Robert R. Neall, Secretary, Maryland Department of Health, et al.

Lower Court: Fourth Circuit
Docketed: 2019-08-28
Status: Denied
Type: Paid
Response WaivedRelisted (2)
Tags: 11th-amendment-immunity ada-title-vii civil-procedure civil-rights due-process eeoc-jurisdiction employment employment-discrimination federal-diversity-jurisdiction federal-jurisdiction jurisdiction pleadings retaliation right-to-sue standing
Key Terms:
Arbitration SocialSecurity ERISA DueProcess EmploymentDiscrimina
Latest Conference: 2019-12-06 (distributed 2 times)
Question Presented (AI Summary)

Whether the lower courts' refusal to consider EEOC's right-to-sue letter and her statements as part of pleadings, and her request and leave for amendment with this letter and new evidence, thereby affirming district courts' dismissal for genuine reason 'lack of subject-matter jurisdiction' without jury and hearing, impacts this Court's jurisdiction to decide this case

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW 1. Whether the lower courts’ refusal to consider EEOC’s right-to-sue letter (attached to Petitioner’s response) and her statements as part of pleadings, and her request and leave for amendment with this letter and new evidence, thereby affirming district . courts’ dismissal for genuine reason “lack of subjectmatter jurisdiction” without jury and hearing, impacts this Court’s jurisdiction to decide this case. 2. Does the application of Congress’ abrogation of 11% Amendment immunity and Section 504 of Rehabilitation Act, 29 U.S.C.§794 have limits on federal funding-supported public service employees’ ; civil actions in response to termination of their employment without mitigation as retaliation . against their pre-EEOC’s ADA, Title VII and ADEA charges and seniority system in the U.S. district and appellate courts? ; 3. Whether damages can be awarded under Title VII, ADA, 42 U.S. Code §12202&12203, 29 U.S.C.§794 when there is failure to prove employers’ prior-mitigation of termination of employment under 14%» Amendment U.S.C., and if so, whether there is an exception to federal diversity jurisdiction. 4. Whether the U.S. court of appeals’ denial of Petitioner’s right to dispute genuine facts by using local rules amounts to a violation of Petitioner's rights to the two clauses of 14 Amendment to U.S.CONST., and can be supervised by this Court.

Docket Entries

2019-12-09
Rehearing DENIED.
2019-11-20
DISTRIBUTED for Conference of 12/6/2019.
2019-11-19
Application (19A556) denied by The Chief Justice.
2019-11-14
Petition for Rehearing filed.
2019-11-04
Application (19A556) to suspend the effect of the denial of the petition for a writ of certiorari, submitted to The Chief Justice.
2019-10-21
Petition DENIED.
2019-10-14
Blanket Consent filed by Petitioner, Xiao-Ying Yu
2019-10-02
DISTRIBUTED for Conference of 10/18/2019.
2019-09-20
Supplemental brief of petitioner Xiao-Ying Yu filed.
2019-08-31
Waiver of right of respondents Robert R. Neall, et al. to respond filed.
2019-08-23
Petition for a writ of certiorari filed. (Response due September 27, 2019)
2019-06-10
Application (18A1280) granted by The Chief Justice extending the time to file until August 23, 2019.
2019-06-05
Application (18A1280) to extend the time to file a petition for a writ of certiorari from June 24, 2019 to August 23, 2019, submitted to The Chief Justice.

Attorneys

Robert R. Neall, et al.
James N. LewisMaryland Office of the Attorney General, Respondent
Xiao-Ying Yu
Xiao-Ying Yu — Petitioner