Brennan

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 FERNANDO N. DELA CRUZ, Case No. 19-cv-01140-DMR

Plaintiff,

ORDER ON MOTION TO DISMISS

v. SECOND AMENDED COMPLAINT

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

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