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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 I. CAROL WILLIAMS, Case No. 19-cv-00652-JCS

8 Plaintiff,

ORDER REGARDING MOTION TO

9 v. DISMISS SECOND AMENDED

COMPLAINT

10 CHAD WOLF, Re: Dkt. No. 22 Defendant. 11

12 I. INTRODUCTION 13 Plaintiff I. Carol Williams brings this action alleging discrimination and retaliation in the 14 course of her employment as a paralegal for the United States Department of Homeland Security 15 (“DHS”). Defendant Chad Wolf, Acting Secretary of Homeland Security,1 (the “Secretary”) 16 moves to dismiss for lack of subject matter jurisdiction under Rule 12(b)(1) of the Federal Rules 17 of Civil Procedure and failure to state a claim under Rule 12(b)(6). The Court held a hearing on 18 September 13, 2019. For the reasons discussed below, the Secretary’s motion is DENIED with 19 respect to jurisdiction but GRANTED with respect to failure to state a claim, and Williams’s 20 complaint is DISMISSED with leave to amend.2 21 II. BACKGROUND 22 A. Allegations of the Second Amended…