Sexton

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 9 SCOTT SEXTON, No. 2:21-cv-00898-TLN-AC

Plaintiff, v. ORDER 13 SPIRIT AIRLINES, INC., a Delaware Corporation; and Does 1–10, inclusive, 15 Defendant. 16 This matter is before the Court on Defendant Spirit Airlines’ (“Defendant”) Motion to Dismiss. (ECF No. 3.) Plaintiff Scott Sexton (“Plaintiff”) filed an opposition. (ECF No. 15.) Defendant replied. (ECF No. 18.) Also before the Court is Plaintiff’s Motion to Amend. (ECF No. 14.) Defendant filed an opposition. (ECF No. 17.) Plaintiff replied. (ECF No. 23.) For the reasons set forth below, Defendant’s Motion to Dismiss is GRANTED. Plaintiff’s Motion to Amend is DENIED as moot. /// /// /// /// /// /// I. FACTUAL AND PROCEDURAL BACKGROUND1 Plaintiff worked for Defendant from May 2016 to March 8, 2021. (ECF No. 1-1 at 5.) In 2019, Plaintiff was promoted to Manager of Implied Operations, a position he held until the time of his…