Clifford Merlo v. Robert L. Wilkie

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2 3 4 5 6 7 United States District Court 8 Central District of California 9 10 11 CLIFFORD MERLO, Case No. 2:19-cv-05078-ODW (JCx) Plaintiff,

ORDER GRANTING IN PART AND

v.

DENYING IN PART DEFENDANT’S:

14 ROBERT L. WILKIE, MOTION TO DISMISS [18] AND Defendant. MOTION FOR RECONSIDERATION [20] 16 I. INTRODUCTION Defendant Robert L. Wilkie, Secretary of Veteran Affairs of the United States 19 Department of Veteran Affairs (“VA” or “Defendant”), moves to partially dismiss 20 Plaintiff Dr. Clifford Merlo’s (“Dr. Merlo”) First Amended Complaint (“FAC”) 21 alleging claims for age discrimination and retaliation. (Mot. Dismiss (“MTD”), ECF 22 No. 18.) Defendant also asks the Court to reconsider certain aspects of its Order dated 23 February 13, 2020, which granted in part Defendant’s first motion to dismiss and 24 denied Defendant’s motion to strike (“February Order”). (Mot. Recons. (“MFR”), 25 ECF No. 20.) For the reasons that follow, the Court GRANTS in part and DENIES 26 in part Defendant’s motions.1

28 1 After carefully considering the…