Farrow

ORDER GRANTING FUJITSU’S MOTION TO DISMISS

Plaintiff Farrow filed this suit against his former employer, Defendant Fujitsu America, Inc. (“Fujitsu”), alleging federal and California state law claims related to age discrimination and workplace retaliation. See ECF No. 1 (Compl.). Fujitsu has moved in the alternative to dismiss under Fed. R. Civ. P. 12(b)(1) or 12(b)(6), or to compel arbitration and stay this litigation. See ECF No. 10. Farrow filed an Opposition, see ECF No. 17, and Fujitsu filed a Reply and objections to certain evidence, see ECF No. 19. The Court finds the Motion suitable for decision without oral argument pursuant to Civil Local Rule 7-1 (b), and therefore VACATES the hearing and case management conference set for April 10, 2014. Having considered the briefing, the record in this case, and applicable law, the Court GRANTS the Motion for the reasons stated below.

I. BACKGROUND

This dispute arises from Farrow’s employment with Fujitsu. The following facts are undisputed. Farrow applied for a job with Fujitsu by submitting an application dated June 20, 2005. Decl. of Cora Quiroz (ECF No. 28, “Quiroz Decl. 1”) ¶ 8, Ex. A. Farrow’s application included a signed…