(PS) Smith v. Home Depot

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CHRISTOPHER SMITH, No. 2:24-cv-1192 DAD AC (PS) Plaintiff, v. FINDINGS AND RECOMMENDATIONS HOME DEPOT, Defendant. 16 Plaintiff is proceeding in this matter pro se, and pre-trial proceedings are accordingly referred to the undersigned pursuant to Local Rule 302(c)(21). Defendant moves to dismiss the Second Amended Complaint without leave to amend. ECF No. 21. Plaintiff opposes the motion. ECF No. 22. Defendant replied (ECF No. 23) and plaintiff submitted an unauthorized surreply (ECF No. 24) which the court has considered in the interests of justice. The parties appeared in court for oral argument on February 5, 2025. ECF No. 25. For the reasons set forth below, the undersigned recommends the motion to dismiss (ECF No. 21) be GRANTED in part and DENIED in part. I. Background This case was removed from Sacramento County Superior Court on April 24, 2024. ECF No. 1. The initial…