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Lateshia Patillo v. Sysco Foods of Arkansas LLC, 17-1110 (2017)

Court: Court of Appeals for the Eighth Circuit Number: 17-1110 Visitors: 54
Filed: Dec. 06, 2017
Latest Update: Mar. 03, 2020
Summary: United States Court of Appeals For the Eighth Circuit _ No. 17-1110 _ Lateshia Patillo lllllllllllllllllllll Plaintiff - Appellant v. Sysco Foods of Arkansas LLC lllllllllllllllllllll Defendant - Appellee - Equal Employment Opportunity Commission lllllllllllllllllllllAmicus on Behalf of Appellant _ Appeal from United States District Court for the Eastern District of Arkansas - Little Rock _ Submitted: November 16, 2017 Filed: December 6, 2017 [Unpublished] _ Before SHEPHERD, MURPHY, and KELLY, C
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              United States Court of Appeals
                         For the Eighth Circuit
                     ___________________________

                             No. 17-1110
                     ___________________________

                                Lateshia Patillo

                    lllllllllllllllllllll Plaintiff - Appellant

                                        v.

                       Sysco Foods of Arkansas LLC

                    lllllllllllllllllllll Defendant - Appellee

                          ------------------------------

               Equal Employment Opportunity Commission

               lllllllllllllllllllllAmicus on Behalf of Appellant
                                    ____________

                  Appeal from United States District Court
              for the Eastern District of Arkansas - Little Rock
                               ____________

                       Submitted: November 16, 2017
                          Filed: December 6, 2017
                               [Unpublished]
                               ____________

Before SHEPHERD, MURPHY, and KELLY, Circuit Judges.
                          ____________

PER CURIAM.
       Lateshia Patillo appeals the district court’s order dismissing her
employment-discrimination action, for failure to exhaust administrative remedies.
Upon de novo review, see Blakley v. Schlumberger Tech. Corp., 
648 F.3d 921
, 931
(8th Cir. 2011), we vacate the dismissal order and remand the case to the district
court. The court is instructed to reconsider the issues in this case, including whether
an intake questionnaire Patillo filed with the Equal Employment Opportunity
Commission constituted a valid administrative charge of discrimination, in light of
Supreme Court precedent including Fed. Express Corp. v. Holowecki, 
552 U.S. 389
(2008), and Edelman v. Lynchburg Coll., 
535 U.S. 106
(2002).
                        ______________________________




                                         -2-

Source:  CourtListener

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