Yontae Johnson v. SSA Group LLC

Summary

The United States District Court for the District of Colorado grants SSA Group LLC’s Rule 12(b)(1) motion to partially dismiss Yontae Johnson’s Colorado Anti-Discrimination Act retaliation claim. The court holds that CADA’s 90-day filing deadline is a jurisdictional non-claim statute and that Federal Rule of Civil Procedure 15(c)’s relation-back doctrine cannot cure the untimely claim. The CADA claim is dismissed without prejudice.

Holdings

1. Colorado Revised Statutes section 24-34-306(2)(b)(I)(C) is a non-claim statute that bars an action filed more than ninety days after the CCRD mails notice that it dismissed the charge and deprives the district court of jurisdiction over the action.
2. Rule 15(c)(1)(B) cannot be used to relate back a CADA claim first asserted after the statutory ninety-day period and thereby circumvent the jurisdictional bar in section 24-34-306(2)(b)(I)(C).

Questions Presented

1. Whether Colorado's ninety-day deadline for filing a CADA action is a jurisdictional non-claim statute.
2. Whether Federal Rule of Civil Procedure 15(c)(1)(B)'s relation-back doctrine can save a CADA claim first asserted more than ninety days after the CCRD mailed its dismissal and notice of right to sue.

Disposition

dismissed