Sosa

DECISION AND ORDER RE MOTION TO DISMISS/STRIKE

On October 17, 1988, the court heard defendants’ Motion to Dismiss and/or Strike Plaintiff’s First Amended Complaint. Upon due consideration of the written and oral arguments of the parties, the court now enters its order granting defendants’ Motion to Dismiss.

Defendants move, pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure, to dismiss plaintiff’s action on the grounds that as a matter of law the court lacks subject matter jurisdiction. In addition defendants move, pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, to dismiss on the grounds that plaintiff’s first amended complaint fails to state a cause of action upon which relief can be granted. Also, defendants move pursuant to Rule 12(f) of the Federal Rules of Civil Procedure to strike from the plaintiff’s complaint any impertinent or immaterial matter.

I. Background.

This case originated when on or about December 13, 1985, plaintiff filed a charge with the Equal Employment Opportunity Commission against defendant State Center Community College District. This charge alleged that plaintiff had been discriminated against on the basis of…