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Nguyen v. Potter

United States District Court, E.D. Virginia, Alexandria Division

June 24, 2014

ANH D. NGUYEN, Plaintiff,
v.
JOHN E. POTTER, GENERAL POST MASTER, UNITED STATES POSTAL SERVICE, Defendant.

MEMORANDUM OPINION

JAMES C. CACHERIS, District Judge.

Plaintiff Anh Nguyen ("Plaintiff") has filed the instant action against Defendant John Potter ("Defendant"), in his official capacity as Postmaster General of the United States, alleging that he was fired from his position with the postal service in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. (Compl. [Dkt. 1] at 1.) Presently before the Court is Defendant's Motion to Dismiss for Lack of Jurisdiction, [Dkt. 10], Motion for Judgment on the Pleadings, [Dkt. 11], and Motion for Summary Judgment, [Dkt. 12]. For the reasons set forth below, the Court will grant Defendant's motions and dismiss this action.

I. Background[1]

Plaintiff, who describes himself as an Asian male of Vietnamese descent, was previously employed as a part-time letter carrier with the United States Postal Service ("USPS"). (Compl. at 2-3.) Plaintiff was stationed at the Reston Branch of the Herndon Post Office until his discharge on January 23, 2012. (Def.'s Mem. of Law [Dkt. 13] at 2, 6.)

This action arises in large part from Plaintiff's interactions with a co-worker, Hyon Kim ("Kim"). In early 2011, Plaintiff began sending Kim emails and text messages and checking her work schedule. (Def.'s Mem. of Law at 2-3.) On May 21, 2011, Kim asked Plaintiff to stop sending her messages because they were unwanted. ( Id. at 3.) Kim complained to John Kayathara ("Kayathara"), Plaintiff's manager at the Reston Branch. ( Id. ) Plaintiff received counseling regarding his interactions with Kim, but Kayathara did not otherwise initiate disciplinary action. ( Id. )

Despite the counseling, Plaintiff continued to send Kim unwanted messages. (Def.'s Mem. of Law at 3.) On December 19, 2011, Kim again reported Plaintiff's conduct. ( Id. ) That same day, Kayathara held a pre-disciplinary interview ("PDI") with Plaintiff and a union representative. ( Id. ) During the PDI, Kayathara reminded Plaintiff that he could not send Kim messages and again instructed him to stop. ( Id. ) Plaintiff was given an opportunity to explain his conduct but he was unresponsive. ( Id. ) USPS management elected not to remove Plaintiff at that time. ( Id. )

After the PDI, Plaintiff continued to send Kim messages, which she forwarded to management. (Def.'s Mem. of Law at 4.) Plaintiff's messages contained content such as:

• "you're very important to me... you mean lots to me!"
• "I don't feel good today at all... even after I sent you email last night... it was too short"
• "I've just seen you smiling in my mind... I just miss you"
• "don't drink too much and get drunk... I don't feel comfortable"
• "I don't feel like to tell you anything today... I don't care... I only care about you... you're my special someone always... not them... did you go shopping yet?"
• "I miss you every seconds in my life... I just see your smiles in my mind ...

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