Simmons
Simmons v. Doane
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 7 ROBERTA E. SIMMONS, Case No. 20-cv-01044-VKD
Plaintiff,
ORDER GRANTING DEFENDANT’S
v. MOTION TO DISMISS WITH LEAVE
TO AMEND
JOHN DOANE, Re: Dkt. No. 14 Defendant.
13 Pro se plaintiff Roberta E. Simmons sues John Doane for alleged disability discrimination and other injuries. Mr. Doane moves to dismiss the complaint pursuant to Rule 12(b)(6) on the ground that the complaint fails to state a claim for relief. The Court has not received an opposition or other response from Ms. Simmons, and briefing on the matter has closed. Civ. L.R. 7-3. The motion is deemed appropriate for determination without oral argument, and the noticed September 22, 2020 hearing is vacated. Civ. L.R. 7-1(b). Having considered the matter, the Court grants Mr. Doane’s motion to dismiss, with leave to amend.1 I. BACKGROUND Ms. Simmons lives at a condominium complex in Santa Cruz, California. Mr. Doane is 23 …