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Guerrero v. Vilsack

United States District Court, D. Columbia.

January 4, 2016

SINCERI GUERRERO, Plaintiff,
v.
THOMAS VILSACK, Secretary, United States Department of Agriculture, Defendant

          SINCERI GUERRERO, Plaintiff, Pro se, Raleigh, NC.

         For SINCERI GUERRERO, Plaintiff: Sinceri Keoka Guerrero, LEAD ATTORNEY, Raleigh, NC.

         For THOMAS J. VILSACK, Secretary, United States Department of Agriculture, Office of General Counsel, Defendant: Damon William Taaffe, LEAD ATTORNEY, U.S. ATTORNEY'S OFFICE FOR THE DISTRICT OF COLUMBIA, Washington, DC.

         MEMORANDUM OPINION

         ROSEMARY M. COLLYER, United States District Judge.

         Pending before the Court is Defendant's Second Motion to Dismiss [Dkt. 16]. Ms. Guerrero entered into a Settlement Agreement with the U.S. Department of Agriculture effective July 6, 2015. Because the Court finds that the Settlement Agreement unambiguously settles all issues and claims that Ms. Guerrero had or could have had against Defendant, including those presented here, the motion will be granted and this case will be dismissed.

         I. FACTS

         The facts pertinent to the merits of this case were set forth in the Court's previous opinion, Guerrero v. Vilsack, F.3d, 134 F.Supp.3d 411, 2015 WL 5729229 (D.D.C. Sep. 30, 2015). Only a brief summary is necessary here. Sinceri Guerrero's federal employment began in December 2010, when she was hired under the Business Management Leadership Program into the USDA's Food Safety and Inspection Service (FSIS). The leadership program was abolished by Executive Order on March 1, 2011, and Ms. Guerrero spent one year of probationary service in the FSIS Office of Civil Rights before obtaining status as a Management Analyst on January 29, 2012.

         Ms. Guerrero claims to have suffered myriad instances of discrimination from January 2011 to June 2011 while at the Office of Civil Rights. See Guerrero, 2015 WL 5729229 at *2. She then transferred to the FSIS Office of Management for four months before joining the FSIS Workers Compensation, Safety and Health Division.

         In January 2012, she left that job for the Office of the Secretary of Agriculture, where she worked on the Administrative Solutions Project Blueprint for Stronger Service. She would later claim under-compensation while working on that project.

         In November 2012, Ms. Guerrero was reassigned to the FSIS Labor and Employee Relations Division (LERD). She claims another spate of discriminatory harassment throughout 2013 while at LERD. See Guerrero, 2015 WL 5729229 at *3.

         In the summer of 2014, she applied and interviewed for a Litigation Specialist position at a GS-14 grade. When later told that she would have to submit a writing sample, Ms. Guerrero withdrew her application and did not get the job.

          Ms. Guerrero filed an administrative complaint (No. FSIS-2013-00013) on November 13, 2012. See Mot., Ex. A [Dkt. 6-1] (First Admin. Compl.).[1] It alleged " a long string of continual harassment" beginning in January 2011 and culminating in the termination of her detail to the Administrative Solutions Project. Id. at 3.

         Ms. Guerrero filed a second administrative complaint (No. FSIS-2014-00238) on March 13, 2014. See Mot., Ex. E [Dkt. 6-5] (Second Admin Compl.).[2] She alleged retaliation for having filed her October 2012 EEO complaint, to wit, her 2013 Performance Appraisal of " fully successful." This complaint also alleged an Equal Pay Act violation for her comparatively low pay while reassigned to LERD since November 2012. Ms. Guerrero sought back pay.

         After neither of those administrative complaints was resolved at the agency level, Ms. Guerrero filed suit in this Court on December 12, 2014 and amended her complaint six days later. See Am. Compl. [Dkt. 2]. A motion to dismiss was filed on February 6, 2015, ...


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