United States District Court, D. Columbia.
SINCERI GUERRERO, Plaintiff, Pro se, Raleigh, NC.
SINCERI GUERRERO, Plaintiff: Sinceri Keoka Guerrero, LEAD
ATTORNEY, Raleigh, NC.
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.
M. COLLYER, United States District Judge.
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
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.
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.
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.
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.
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.
Guerrero filed an administrative complaint (No.
FSIS-2013-00013) on November 13, 2012. See Mot., Ex.
A [Dkt. 6-1] (First Admin. Compl.). 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.
Guerrero filed a second administrative complaint (No.
FSIS-2014-00238) on March 13, 2014. See Mot., Ex. E
[Dkt. 6-5] (Second Admin Compl.). 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.
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, ...