Lateshia Patillo v. Sysco Foods of Arkansas LLC

United States Court of Appeals
For the Eighth Circuit
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No. 17-1110
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Lateshia Patillo

lllllllllllllllllllll Plaintiff - Appellant

v.

Sysco Foods of Arkansas LLC

lllllllllllllllllllll Defendant - Appellee

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Equal Employment Opportunity Commission

lllllllllllllllllllllAmicus on Behalf of Appellant
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Appeal from United States District Court
for the Eastern District of Arkansas - Little Rock
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Submitted: November 16, 2017
Filed: December 6, 2017
[Unpublished]
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Before SHEPHERD, MURPHY, and KELLY, Circuit Judges.
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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).
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