Mohsin

Mohsin v. California Department of Water Resources

Good Law
52 F. Supp. 3d 1006·2014 WL 4961121·2014 U.S. Dist. LEXIS 140489
United States District Court, Eastern District of CaliforniaOctober 1, 2014No. 2:13-cv-01236-TLN-EFBCalifornia6,271 words

Opinion

Lead Opinion

Nunley, J.

*1009 ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION TO DISMISS

This matter is before the Court pursuant to Defendants’ California Department of Water Resources (“DWR”), David Gutierrez, and Michael Waggoner (collectively “Defendants”) Motion to Dismiss Plaintiffs Complaint. (ECF No. 9.) Plaintiff Syed Mohsin (“Plaintiff’) filed an Opposition to Defendants’ motion. (ECF No. 20.) The Court has carefully considered the arguments raised in Defendants’ motion and reply, as well as Plaintiffs opposition. For the reasons set forth below, Defendants’ Motion to Dismiss is GRANTED IN PART AND DENIED IN PART.

I. FACTUAL BACKGROUND

Plaintiff was employed as an assistant engineering specialist by DWR from August 2000 to April 13, 2012. (Complaint, ECF No. 1 at ¶ 8.) He was diagnosed with right temporal lobe epilepsy at the age of 10 and, as a result, he suffered from various types of seizures throughout his life. (ECF No. 1 at ¶ 21.) Plaintiff alleges that at the time he was hired, his neurologist completed a medical form that served as the basis for DWR to accommodate certain restrictions on Plaintiffs duty statement as required by his condition. 2 (ECF No. 1 at ¶¶…

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