Hardin

Hardin v. Wal-Mart Stores, Inc.

Good Law

813 F. Supp. 2d 1167·2011 WL 1566023·2011 U.S. Dist. LEXIS 44082

United States District Court, Eastern District of CaliforniaApril 25, 2011CIV-F-08-0617 AWI GSACalifornia6,651 words

Opinion

Ishii, J.

ORDER RE: MOTION TO DISMISS

I. History

Plaintiff Zane Hardin (“Plaintiff’) has been an employee of Defendant Wal-Mart (“Defendant”) for several years. Plaintiff alleges he has been mistreated in a variety of ways by Defendant’s supervisors including Defendant Gregory Cox (“Cox”). The consequences of these actions also affect Plaintiffs wife, Plaintiff Ruth Hardin.

Plaintiff originally filed this case in state court on March 20, 2008; at that time, Cox and Ruth Hardin were not parties to the case. Plaintiffs original complaint contained four causes of action: employment discrimination based on age and disability in violation of California’s Fair Employment and Housing Act (“FEHA”); violation of the Americans with Disabilities Act; refusing to allow disabled employees to use disabled parking in violation of California’s Business & Professions Code § 17200; and refusing to allow disabled employees to use disabled parking in violation of California Civil Code § 51. Defendant removed the action to federal court based on diversity jurisdiction. After two rounds of motions to dismiss, the Americans with Disabilities Act claim was dropped, but the other three remained. Defendant made a…

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