Steshenko
Steshenko v. Gayrard
Opinion
Lead Opinion
Koh, J.
ORDER GRANTING IN PART AND DENYING IN PART MOTION TO DISMISS
Plaintiff Gregory Nicholas Steshenko (“Plaintiff’) brings this action for age discrimination and retaliation based on not being admitted to three graduate programs at San Jose State University. Defendants Suzanne Gayrard, Tzvina Abram-son, and the Board of Trustees of the California State University (collectively, “Defendants”) move to dismiss Plaintiffs First Amended Complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). ECF No. 46. Having considered the parties’ briefs and arguments, the relevant law, and the record in this case, the Court hereby GRANTS Defendants’ motion to dismiss.
I. BACKGROUND
Plaintiff is a 52-year-old ■ unemployed electrical engineer seeking to re-enter the job market through professional re-training. FAC ¶ 5 1. 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.
On November 23, 2012, Plaintiff applied to the Clinical Laboratory Scientist (“CLS”) Training Program at San Jose State University. Id. ¶ 57. The CLS Training…