Anello
Anello v. Commissioner of Social Security
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 MARIA JESUS ANELLO, Case No. 18-cv-00070-DMR
Plaintiff,
ORDER ON MOTION TO DISMISS
v. FOURTH AMENDED COMPLAINT
NANCY A. BERRYHILL, Re: Dkt. No. 88 Defendant.
Pro se Plaintiff Maria Jesus Anello filed a fourth amended complaint against her former employer, the United States Social Security Administration (“SSA”), alleging claims stemming from her employment and 2011 retirement. [Docket No. 85 (Fourth Am. Compl).] The government now moves to dismiss the fourth amended complaint for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6) and for lack of subject matter jurisdiction pursuant to Rule 12(b)(1). [Docket No. 88.] The court held a hearing on January 9, 2020. For the following reasons, the motion is granted in part and denied in part. Ms. Anello’s disability discrimination and failure to accommodate claims are dismissed with prejudice. I. BACKGROUND A. Allegations…