(PS) Collins v. XL Construction

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DERRICK L COLLINS, No. 2:19–cv–1530 TLN–KJN PS Plaintiff, RECOMMENDATIONS TO DISMISS

AND TO GRANT LEAVE TO AMEND

v. ONLY TITLE VII CLAIMS XL CONSTRUCTION, et al., (ECF No. 11.) Defendants. 16 This action concerns a dispute between Plaintiff Derrick L. Collins, who is proceeding without counsel in this action, and Defendants XL Construction, Southwest Hazard Control (“SHC”), SHCCA, Inc., and Chrisann Karches. (ECF No. 1.) Plaintiff asserts claims under Title VII for race discrimination, as well as an “Equal Pay Act” claim, a “Whistleblower Protection Act” claim, and a claim for “Retaliation.” (See Id. at p. 4.) Defendants SHC, SHCCA, and Karches now move to dismiss for failure to state a claim, which Plaintiff opposes. (ECF Nos. 11, 16, 17.) The Court heard oral arguments at a January 30, 2020 hearing. (See ECF No. 18.) For the reasons that follow, the Court recommends Defendants’ motion to dismiss…