Brennan

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 FERNANDO N. DELA CRUZ, Case No. 19-cv-01140-DMR

8 Plaintiff,

ORDER ON MOTION TO DISMISS

9 v. SECOND AMENDED COMPLAINT

10 MEGAN BRENNAN, Re: Dkt. No. 39 11 Defendant.

12 Plaintiff Fernando N. dela Cruz, Jr., representing himself, filed a second amended 13 complaint against Megan Brennan, Postmaster General, alleging claims related to his previous 14 employment with the United States Postal Service (“USPS”). [Docket No. 38 (Second Amended 15 Complaint, “SAC”).] Defendant now moves to dismiss the SAC pursuant to Federal Rules of 16 Civil Procedure 8(a), 12(b)(1), and 12(b)(6). [Docket No. 39.] Plaintiff concurrently moves for 17 leave to add a claim to the SAC, which Defendant opposes. [Docket Nos. 42, 48.] 18 An attorney subsequently entered an appearance on behalf of Plaintiff and counsel 19 appeared for both parties at the February 13, 2020 hearing. For the following reasons, the motion 20 to dismiss is granted. Plaintiff’s motion for…