Steshenko
Steshenko v. Albee
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 based on not being admitted to a graduate program at San Francisco State University. Defendants Geraldine Albee 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. 33. Having considered the parties’ briefs and arguments, the relevant law, and the record in this case, the Court hereby GRANTS IN PART and DENIES IN PART Defendants’ motion to dismiss.
*1006 I. BACKGROUND
Plaintiff is a 52-year-old unemployed electrical engineer seeking to re-enter the job market through professional re-training. First Am. Compl. (“FAC”), ECF No. 34, ¶ 46. 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. Id.
On October 22, 2012, Plaintiff applied to the Clinical Laboratory Scientist (“CLS”) Training Program at San Francisco State University.…