Nielsen

Williams v. Nielsen

Good Law
United States District Court, Northern District of CaliforniaNovember 25, 20193:19-cv-00652California7,979 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 I. CAROL WILLIAMS, Case No. 19-cv-00652-JCS

Plaintiff,

ORDER REGARDING MOTION TO

v. DISMISS SECOND AMENDED

COMPLAINT

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

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

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