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
Latest Conference: 2019-12-06 (distributed 2 times)
Question Presented (from Petition)

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 subject-
matter jurisdiction " without jury and hearing,
impacts this Court 's jurisdiction to decide this case.

2. Does the application of Congress ' abrogation of
11th 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 14th 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 14th Amendment to
U.S.CONST., and can be supervised by this Court.

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

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