De Picciotto v. Seneca Healthcare District

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 FRED DE PICCIOTTO, No. 2:19-cv-01297-TLN-DMC Plaintiff, v. ORDER SENECA HEALTHCARE DISTRICT; LINDA WAGNER, an individual; and DOES 1 through 25, inclusive, Defendants. 17 This matter is before the Court on Defendants Seneca Healthcare District (“Seneca”) and Linda Wagner’s (“Wagner”) (collectively, “Defendants”) Motion to Dismiss. (ECF No. 17.) Plaintiff Fred De Picciotto (“Plaintiff”) filed an opposition. (ECF No. 22.) Defendants filed a reply. (ECF No. 23.) For the reasons set forth below, the Court GRANTS in part and DENIES in part Defendant’s motion. /// /// /// /// /// /// I. FACTUAL AND PROCEDURAL BACKGROUND Plaintiff is a former emergency room physician and Director of Emergency Services for Seneca. (ECF No. 15-1 at 2.) Plaintiff alleges that while employed by Seneca, he performed his duties competently and received excellent evaluations from his colleagues and superiors. (Id.…