Cofer
Cofer v. Parker-Hannifin Corp.
Opinion
Lead Opinion
Carney, J.
ORDER GRANTING IN PART DEFENDANTS’ MOTION TO DISMISS AND DENYING PLAINTIFF’S MOTION TO REMAND
I. INTRODUCTION
Plaintiff Herbert Cofer brought this action against his former employer, Parker-Hannifin Corporation (Parker), and Parker employees David Conlon, Kim Melton, and Frank Dubey. Mr. Cofer filed his complaint in Orange County Superior Court in February 2016 and Parker removed the action to federal court based on diversity jurisdiction. (Dkt. 1.) Mr. Cofer is asserting a harassment claim against all defendants, as well as claims for race discrimination, age discrimination, failure to take reasonable steps to prevent discrimination and harassment, retaliation, and wrongful discharge against Parker only. All claims have been brought under California state law. Defendants filed a motion to dismiss all claims in the Complaint, (Dkt. 11), and the Court granted it in part, Mr. Cofer has now filed his First Amended Complaint (FAC), (Dkt. 23), and Defendants have filed a motion to dismiss only his claims for harassment and failure to prevent harassment, as well as his pleadings seeking punitive damages. (Dkt. 24.)