John Doe v. Personnel Management, Office of

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

JOHN DOES 1-5, Case No. 24-cv-02371-RFL

Plaintiff, ORDER GRANTING DEFENDANT'S v. PARTIAL MOTION TO DISMISS

PERSONNEL MANAGEMENT, OFFICE Re: Dkt. No.

OF,

Defendant.

Plaintiff John Doe alleges that the Office of Personnel Management (“OPM”) improperly denied him essential health benefits and subjected him to unlawful discrimination, harassment, and retaliation. In his Second Amended Complaint (“Complaint” or “SAC”), Plaintiff brings the following claims: unlawful denial of Federal Employee Health Benefits (“FEHB”) (Count I); violation of Section 501 of the Rehabilitation Act (Count II); violation of Section 504 of the Rehabilitation Act (Count III); violation of Title VII (Count IV); harassment and creation of a hostile work environment (Count V); retaliation for protected activity (Count VI); and violation of the Fifth Amendment (Count VII). On February 4, 2025, OPM filed a motion to dismiss. (Dkt. No. 32.) OPM seeks partial dismissal of Count I insofar as Plaintiff’s claim relies on any OPM appeals other than #Y24017002 (“x7002 appeal”) and #Y24126001…