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14.7.04

Bitch Counsel

So BC filed a motion for sanctions against us for filing a motion for LEAVE to amend the answer to include an election of remedies defense. Notably, (not that anyone cares) she says that we knew that no charge was ever filed with the OCRC and we said that it was. (It was undisputably filed with the EEOC). Then, in support of her motion, she quotes from the deposition where Plaintiff (who is just as bitchy as BC) who was asked whether she told the EEOC that hte charge was being filed for a limited purpose and her answer was "I don't recall anything like that" and then say because the charge would have been untimely with the OCRC she could not have filed it with the OCRC (that doesn't make it impossible to file, it makes it impossible to win) and then cites the STATUTE that says that "a charge filed with the EEOC is deemed filed with the [OCRC] on the date the charge is received at one of the commission's offices." (Bold in her irritating, whiny, inaccurate, frivolous brief in opp.) Then she goes back to the fact that since it would have been untimely with the OCRC, she could not have dualy filed it. So she could not have elected a remedy. And in support of her motion??? NOTHING. Not one case, not anything other than "it would be untimely so obviously she did not dualy file" even though the case law is that it AUTOMATICALLY dualy files UNLESS YOU SPECIFY OTHERWISE. And I have to take time out of my life to respond to this shit. Ugh!!

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