STEPHANIE C. ARTIS, APPELLANT,
DISTRICT OF COLUMBIA, APPELLEE
February 2, 2016.
from the Superior Court of the District of Columbia.
(CAB-5275-14). (Hon. Herbert B. Dixon, Jr., Trial Judge).
M. Temple for appellant.
M. Murasky, Senior Assistant Attorney General for the
District of Columbia, with whom Karl A. Racine, Attorney
General for the District of Columbia, Todd S. Kim, Solicitor
General, and Loren L. AliKhan, Deputy Solicitor General, were
on the brief, for appellee.
FISHER and BLACKBURNE-RIGSBY, Associate Judges, and PRYOR,
C. Pryor, Senior Judge.
case came to be heard on the transcript of record and the
briefs filed, and was argued by counsel. On consideration
whereof, and as set forth in the opinion filed this date, it
is now hereby
and ADJUDGED that the ruling of the trial court is affirmed.
Stephanie Artis, asks us to reverse the trial court's
ruling on appellee's, the District of Columbia (the
District), motion to dismiss because, she argues, it
misinterpreted the word " tolling" in 28 U.S.C.
§ 1367 (d), and, as a consequence, erroneously limited
her time to file her claim in Superior Court. Jurisdictions
differ as to the meaning of " tolling" in 28 U.S.C.
§ 1367 (d), and we consider the term to be ambiguous. In
light of that ambiguity, we conclude that the " grace
period" approach, advocated by the appellee, is more
consistent with statute's context and purpose. Therefore,
we affirm the judgment dismissing appellant's complaint
Statement of Facts
complaint arose from her November 15, 2010 termination from
the District's Department of Health (DOH). Beginning in
August 2007, appellant was employed, in a temporary status,
as a DOH code inspector. A contentious relationship evolved
with her supervisor, Gerard Brown, and she concluded he had
singled her out for unfair treatment in the workplace. On
April 17, 2009, appellant took her first administrative step
against Mr. Brown and DOH by filing a discrimination claim
before the U.S. Equal Employment Opportunity Commission.
While that claim was pending appellant also filed a series of
grievances against Mr. Brown challenging several notices of
proposed infractions against her and alleging that Brown
violated other employee rights regulations.
November 15, 2010, appellant discovered that DOH terminated
her temporary employment as a code inspector. In January
2011, appellant filed a final grievance alleging her
termination was retaliation ...