U.S. Equal Employment Opportunity Commission v. Farmers Insurance

ORDER DENYING DEFENDANT’S MOTION TO DISMISS FOR LACK OF JURISDICTION AND FOR FAILURE TO STATE A CLAIM

I. Introduction

The U.S. Equal Opportunity Commission (“Plaintiff’) brought this action for violations of Title VII of the Civil Rights Act of 1964 (“Title VII”) and Title I of the Civil Rights Act of 1991 against Defendant Farmers Insurance Company (“Defendant”) to seek relief for charging parties Chia Xiong (“Xiong”), Jason Lowry (“Low-ry”), and other similarly situated individu *959 als who were affected by Farmers’ allegedly unlawful conduct. Defendant has filed a motion to dismiss Plaintiffs complaint for lack of subject matter jurisdiction pursuant to Federal Rule of Civil Procedure 12(b)(1) and for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6). Defendant also requests that the court take judicial notice of its exhibits in support of its motion to dismiss pursuant to Federal Rule of Evidence 201. Defendant’s request for judicial notice is granted. For the reasons discussed below, Defendant’s motion to dismiss will be denied.

II. Background

A. Facts

Xiong, Lowry, and John Yang (“Yang”) were all employed by Defendant. See Doc. 1,…