Summary
In Schuler, the district court had construed the plaintiff's ADEA claim (analyzed under the McDonnell Douglas tripartite inquiry) as alleging two non-promotion claims.
Summary of this case from Youssef v. F.B.IOpinion
No. 06-7207.
Filed On: February 12, 2008.
Appeal from the United States District Court for the District of Columbia (No. 05cv02355).
Before: ROGERS, TATEL and KAVANAUGH, Circuit Judges.
JUDGMENT
This cause came on to be heard on the record on appeal from the United States District Court for the District of Columbia and was argued by counsel. On consideration thereof, it is.
ORDERED and ADJUDGED that the dismissal of the ADEA claim for failure to satisfy the statute's administrative prerequisites is hereby reversed and the case remanded for further proceedings, in accordance with the opinion of the court filed herein this date.
Opinion for the court filed by Circuit Judge Tatel.
ORDER
It is ORDERED, on the court's own motion, that the Clerk withhold issuance of the mandate herein until seven days after disposition of any timely petition for rehearing or petition for rehearing en banc. See Fed.R.App.P. 41(b); D.C. Cir. Rule 41. This instruction to the Clerk is without prejudice to the right of any party to move for expedited issuance of the mandate for good cause shown.