Doutherd
Doutherd v. Montesdeoca
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 Tyrone Doutherd, No. 2:17-cv-02225 KJM JDP Plaintiff, ORDER Vv. Doris Marie Montesdeoca, et al., Defendants. 16 Defendant UPS Ground Freight (UPSF) requests the court amend, correct, or reconsider its October 2020 order. Alternatively, UPSF requests the court dismiss plaintiff Tyrone Doutherd’s race discrimination claim on the pleadings. Mot. at 1, ECF No. 162-1. Defendant 20 argues that Mr. Doutherd did not plead a claim for race discrimination, and therefore UPSF could not have moved for summary judgment on that claim. In the alternative, defendant moves for judgment on the pleadings. For the reasons provided below, the court denies defendant’s motion for reconsideration but grants the motion for judgment on the pleadings. Plaintiff’s race 24 discrimination claim is dismissed without leave to amend. 25 I. BACKGROUND The court’s October 2020 summary judgment…