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Coats v. State of Utah, Department of Workforce Services

United States Court of Appeals, Tenth Circuit

March 4, 2014

BECKY L. COATS, Plaintiff-Appellant,
v.
STATE OF UTAH, DEPARTMENT OF WORKFORCE SERVICES, Defendant-Appellee.

D.C. No. 2:11-CV-00755-DB, D. Utah

Before GORSUCH, McKAY, and ANDERSON, Circuit Judges.

ORDER AND JUDGMENT [*]

NEIL M. GORSUCH CIRCUIT JUDGE

Becky Coats works for the Utah Department of Workforce Services as an unemployment insurance eligibility specialist, but she's long hoped for another job. In fact, since 2000 she's applied for no fewer than 40 other positions within the Department, only to be turned down each time. She alleges that's not because there have been better available applicants but because of age discrimination, and she charges the Department with violating the federal Age Discrimination in Employment Act. On the recommendation of a magistrate judge, however, the district court dismissed Ms. Coats's complaint for lack of subject matter jurisdiction, noting that the Department had never waived and Congress had never abrogated its Eleventh Amendment immunity from suit. Ms. Coats appeals this disposition, but we can find no fault with it. The magistrate judge's report and recommendation carefully analyzed the relevant authorities and addressed Ms. Coats's arguments and we affirm for substantially the reasons offered there. As to Ms. Coats' argument she was entitled to discovery under Fed.R.Civ.P. 56(d), we ...


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