Kim

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ANDREW KIM, Case No. 21-cv-04454-SVK

Plaintiff,

ORDER ON MOTION TO DISMISS

v. Re: Dkt. No. 8 KIHWAN YOON, Defendant.

12 This lawsuit arises out of an allegedly low performance rating given to Plaintiff Andrew 13 Kim by Defendant Kihwah Yoon, Plaintiff’s immediate supervisor at Applied Materials Inc. 14 (“AMAT”). Ex. A to Dkt. 1 (Complaint) ¶ 1. AMAT later “reversed” this performance review 15 “by changing [Plaintiff’s] rating from Limited Contribution to Valued Contributor,” and 16 “reinstated” Plaintiff’s bonus. Id. ¶ 17. Plaintiff asserts claims for Family and Medical Leave Act 17 (“FMLA”) retaliation, defamation/libel per se, and intentional infliction of emotional distress. Id. 18 The parties have consented to the jurisdiction of a magistrate judge. Dkt. 7, 10. Now before the 19 Court is Defendant’s motion to dismiss the complaint. Dkt. 8. Pursuant to Civil Local Rule 20 7-1(b), the Court deems this matter suitable without oral argument. For the reasons that follow, 21 the…