Lynch v. Ulta Salon, Inc.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 BRANDON LYNCH, No. 2:22-cv-01908-TLN-DMC Plaintiff, v. ORDER ULTA SALON, COSMETICS &

FRAGRANCE, INC.,

15 Defendant.

17 This matter is before the Court on Defendant Ulta Salon, Cosmetics & Fragrance, Inc.’s (“Defendant”) Motion to Dismiss. (ECF No. 14.) Plaintiff Brandon Lynch (“Plaintiff”) filed an opposition. (ECF No. 17.) Defendant filed a reply. (ECF No. 21.) For the reasons set forth below, the Court hereby GRANTS Defendant’s motion. /// /// /// /// /// /// /// I. FACTUAL AND PROCEDURAL BACKGROUND Plaintiff is Defendant’s former employee. (ECF No. 11 at 2, ¶ 5.) On or about May 8, 2021, Plaintiff informed Defendant he was not feeling well and that he would like “a few days off” from work. (Id. at 2, ¶ 6.) Between May 8 and May 10, 2021, Plaintiff alleges he “was informed and believe[d] that he was suffering from symptoms of COVID-19 including but not limited to fatigue and nausea.” …