Chung

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

KYE W CHUNG, Case No. 19-cv-07278-VC

Plaintiff,

ORDER GRANTING MOTION TO

v. DISMISS COMPLAINT

MEGAN J. BRENNAN, Re: Dkt. No. 12 Defendant.

Kye W. Chung has sued Megan J. Brennan, the former Postmaster General of the United States Postal Service, alleging various misconduct by his supervisor during his time working as a mail clerk at the Pacifica Post Office. Chung previously raised similar and related allegations in various proceedings before the Equal Employment Opportunity Commission (EEOC). Brennan has moved to dismiss Chung’s complaint in its entirety under Rule 12(b)(6). Brennan also contends that, to the extent that Chung’s complaint states cognizable claims, those claims are barred for failure to exhaust administrative remedies or, in the alternative, for failure to sue before the statutory deadline expired. Brennan’s motion to dismiss is granted. As discussed below, the portions of Chung’s complaint regarding age discrimination, disability discrimination, and retaliation are dismissed for failure to state a claim under Rule 12(b)(6). To the extent…