Quigley

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 MICHAEL QUIGLEY, Case No. 3:21-cv-00538-WHO

Plaintiff,

ORDER ON MOTION FOR

v. JUDGMENT ON THE PLEADINGS

UNITED AIRLINES, INC., et al., Re: Dkt. No. 28 Defendants.

12 Plaintiff Michael Quigley worked as a flight attendant for defendant United Airlines, Inc. (“United”). He alleges discrimination, harassment, and related claims based on disability. United moves for judgment on the pleadings (based on a failure to state a claim) on three of Quigley’s claims: hostile work environment harassment, intentional infliction of emotional distress (“IIED”), and negligent supervision. The harassment claim is plausibly pleaded and survives. Quigley has abandoned his defense of the IIED claim based on his repeated failure to respond to United’s argument despite explicit warnings, so it is dismissed with prejudice. The negligent supervision claim is inadequately pleaded, but dismissal is with leave to amend because it appears possible that…