The court dismissed plaintiff's federal claims under Title VII of the Civil Rights. Accordingly, petitioners' motion is granted without prejudice to Nixon Peabody raising the objection in the final accounting.The Court concluded that Plaintiff failed to state a claim for age discrimination, hostile workplace, and constructive discharge. If there is no appropriate eligible list from whjcb to fill a vacancy in a position in the competitive class, the Appointing Officer may appoint a person on the.