Tamakloe

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 Larry Tamakloe, No. 1:24-cv-00053-KES-CDB 12 Plaintiff, ORDER GRANTING VERTEX AEROSPACE,

LLC’S MOTION TO DISMISS PURSUANT

13 v. TO FRCP 12(B)(1) AND 12(B)(6) 14 Vertex Aerospace, LLC, Doc. 16 15 Defendant. 16 17 Defendant Vertex Aerospace, LLC (“Vertex”), moves to dismiss plaintiff Larry 18 Tamakloe’s complaint for lack of jurisdiction and failure to state a claim, under Federal Rules of 19 Civil Procedure 12(b)(1) and 12(b)(6). Doc. 16. The motion is fully briefed. See Docs. 18 20 (Opp’n); 19 (Reply). For the reasons stated below, the Court grants in part and denies in part 21 Vertex’s motion to dismiss. 22 I. BACKGROUND1 23 Tamakloe was hired by Vertex in September 2021 and was terminated in March 2023. 24 Doc. 18-3 ¶ 8. Tamakloe is African. Id. ¶ 16. From the time of his hiring, Tamakloe’s 25 supervisor, Joshua Gaines, subjected him to discriminatory comments about his African race and 26

27 1 This recitation of facts is…