Howard v. Gutierrez

MEMORANDUM OPINION

JOHN D. BATES, District Judge.

Plaintiffs Janet Howard and Joyce Megginson brought this action against Gary Locke, Secretary of the United States Department of Commerce (“Department”). 1 This Court previously dismissed one count of plaintiffs’ complaint; the sole surviving count alleges a disparate impact claim of racial discrimination pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq. Now, nearly seven years after the commencement of this litigation, the Department seeks to dismiss the remaining count for lack of subject matter jurisdiction.…