Khamis

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 SAN JOSE DIVISION 7 8 SINAA KHAMIS, Case No. 24-cv-02565-VKD

9 Plaintiff,

ORDER GRANTING IN PART AND

10 v. DENYING IN PART DEFENDANTS’

MOTION TO DISMISS WITH LEAVE

11 CHRISTINE E. WORMUTH, et al., TO AMEND 12 Defendants. Re: Dkt. No. 25

13 14 Plaintiff Sinaa Khamis brings this action against defendants Christine E. Wormuth in her 15 official capacity1 as Secretary of the Army, the Department of the Army, and Does 1-25. Dkt. No. 16 1. Pursuant to the parties’ stipulation, Ms. Khamis filed a first and then a second amended 17 complaint, the operative complaint. Dkt. No. 18. The second amended complaint asserts claims 18 of sexual harassment, retaliation, and discrimination on the basis of sex, religion, and national 19 origin in violation of Title VII of the Civil Rights Act of 1964. Id. ¶¶ 87-159. Defendants move 20 to dismiss, without prejudice, the second amended complaint under Rule 12(b)(6) of the Federal 21 …