Jimenez

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ----oo0oo---- 11 MARK JIMENEZ, No. 2:24-cv-02158 WBS SCR Plaintiff, v. ORDER RE: MOTION TO DISMISS SEAN DUFFY, SECRETARY OF

TRANSPORTATION,

16 Defendant. 17 ----oo0oo---- Plaintiff Mark Jimenez alleges the Secretary of Transportation violated Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., in terminating him from his employment with the Department of Transportation (“Department”). (Compl. (Docket No. 1).) Plaintiff filed this action following the unsuccessful appeal of his termination to the Merit Systems Protection Board (“Board”).

Pursuant to Federal Rule of Civil Procedure 25(d), Secretary of Transportation Sean Duffy has been substituted for former Secretary of Transportation Pete Buttigieg. In January 2018, plaintiff was informed that he had been selected for a temporary promotion at the Department. (Id. ¶ 7.) In…