Steshenko

Steshenko v. Gayrard

Good Law

44 F. Supp. 3d 941·2014 WL 2120837·2014 U.S. Dist. LEXIS 69949

United States District Court, Northern District of CaliforniaMay 20, 2014Case No.: 13-CV-03400-LHKCalifornia7,426 words

Opinion

Lead Opinion

Koh, J.

ORDER GRANTING MOTION TO DISMISS

Plaintiff Gregory Nicholas Steshenko (“Plaintiff’) brings this action for age discrimination based on not being admitted to two graduate programs at San Jose State University. Defendants Suzanne Gayrard, Tzvina Abramson, and the Board of Trustees of the California State University (collectively, “Defendants”) move to dismiss Plaintiffs Complaint pursuant to Federal Rule of Civil Procedure (“Rule”) 12(b)(6). ECF No. 12 (“Mot.”). The Court held a hearing on this motion on May 15, 2014. Having considered the parties’ briefs and arguments, the relevant law, and the record in this case, the Court hereby GRANTS Defendants’ Motion to Dismiss.

*946 I. BACKGROUND

Plaintiff is a 51-year-old unemployed electrical engineer seeking to re-enter the job market through a professional re-training. ECF No. 1 (“Compl.”) at 1Í 10. In addition to a Master of Science degree in Electrical Engineering, Plaintiff earned a Bachelor of Science degree in Biochemistry and Molecular Biology from the University of California, Santa Cruz, in 2010. See id. at ¶¶ 10,15.

On November 23, 2012, Plaintiff applied to the Clinical Laboratory Scientist (“CLS”) Training Program at San…

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