Brennan
dela Cruz v. Brennan
Opinion
Trial Court Opinion
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. THIRD AMENDED COMPLAINT
MEGAN BRENNAN, Re: Dkt. No. 58 Defendant.
Plaintiff Fernando N. Dela Cruz, Jr. filed a third amended complaint against Megan Brennan, Postmaster General, alleging a claim for Family Medical Leave Act (“FMLA”) interference in connection with his previous employment with the United States Postal Service (“USPS”). [Docket No. 55 (3d Am. Compl., “TAC”).] Defendant now moves to dismiss the TAC pursuant to Federal Rule of Civil Procedure 12(b)(6). [Docket No. 58.] This matter is suitable for resolution without a hearing. For the following reasons, the motion is granted in part and denied in part.1 I. BACKGROUND A. Allegations in the TAC The TAC makes the following allegations: Plaintiff worked as a letter carrier for the USPS for over 15 years in Petaluma, California. TAC ¶ 6.…