Prout

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 KEVIN MICHAEL PROUT, Case No.: 23-CV-2105 JLS (DEB)

Plaintiff,

ORDER DISMISSING EEOC AS A

v. DEFENDANT PURSUANT TO

APRIL 18, 2024 ORDER

U.S. E.E.O.C; SAN DIEGO COUNTY;

and S.E.I.U, 15 Defendants.

17 On April 18, 2024, the Court issued an Order to Show Cause (“OSC,” ECF No. 22) in this action. The Court explained that, as Defendant Equal Employment Opportunity Commission (“EEOC”) is a federal agency, the doctrine of sovereign immunity prevented the Court from exercising subject matter jurisdiction over the Complaint’s (“Compl.,” ECF No. 1) EEOC-related claims absent an express statutory waiver of immunity. OSC at 5–6. After examining federal statutes potentially implicated by the Complaint, the Court found no such immunity waiver. See id. at 6–8. Accordingly, the Court directed Plaintiff Kevin Michael Prout to explain why the EEOC should not be dismissed from this action for lack of subject matter jurisdiction. …