Sullivan
Sullivan v. Storer Transit Systems
Opinion
trial_court Opinion
1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 FATIMA SULLIVAN, Case No. 20-cv-00143-JCS
8 Plaintiff,
ORDER REGARDING MOTION TO
9 v. DISMISS AND STRIKE
10 STORER TRANSIT SYSTEMS, et al., Re: Dkt. No. 9 Defendants. 11
12 13 I. INTRODUCTION 14 Plaintiff Fatima Sullivan brings this action against Defendant Storer Transit Systems 15 (“Storer”) asserting disability discrimination in violation of the Americans with Disabilities Act 16 (“ADA”) and related claims under California law. Storer moves to dismiss for lack of subject 17 matter jurisdiction under Rule 12(b)(1) of the Federal Rules of Civil Procedure and for failure to 18 state a claim under Rule 12(b)(6), and moves to strike portions of Sullivan’s complaint under Rule 19 12(f). The Court finds the matter suitable for resolution without oral argument and VACATES the 20 hearing set for April 3, 2020. For the reasons discussed below, Storer’s motion is DENIED with 21 respect to Rule 12(b)(1) and Rule 12(f) but GRANTED with respect to Rule 12(b)(6), and 22 …