Phomthevy
Phomthevy v. WinCo Holdings, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SIBOU PHOMTHEVY, No. 2:19-cv-00041-KJM-CKD Plaintiff, v. ORDER WINCO HOLDINGS, INC. d/b/a WINCO
FOODS,
15 Defendant.
17 Defendant Winco Foods (“Winco”) moves to dismiss (“MTD”) plaintiff’s second amended complaint (“SAC”), MTD, ECF No. 27, and also for sanctions, Mot. Sanctions, ECF No. 32. Plaintiff Sibou Phomthevy opposes both motions. Opp’n to MTD, ECF No. 28; Opp’n to Mot. Sanctions, ECF No. 34. Winco replied to both oppositions. MTD Reply, ECF No. 31; Sanctions Reply, ECF No. 35. The court grants the motion to dismiss and denies the motion for sanctions, as explained below. I. BACKGROUND This is defendant’s second motion to dismiss. The court reviewed the relevant facts in its order on the first motion, and references them generally here. See generally Order on MTD at 1–2, ECF No. 22. Plaintiff’s claims for disability discrimination, failure to accommodate disability, failure to engage in…