King
King v. Praxair Distribution, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 TROY KING, Case No. 3:20-cv-07817-JD
Plaintiff,
SECOND ORDER RE MOTION TO
v. DISMISS
PRAXAIR DISTRIBUTION, INC., et al., Defendants.
12 Pro se plaintiff King filed a first amended complaint (FAC), Dkt. No. 47, alleging racial discrimination, harassment, retaliation, and wrongful termination, in violation of 42 U.S.C. § 1981 and retaliation in violation of California Labor Code § 1102.5. The Court dismissed King’s original complaint, which alleged a host of other violations of federal and California state law, with leave to amend the complaint. See Dkt. No. 34. King asked for leave to pursue claims outside those originally included in his complaint, which was granted. Dkt. No. 40; Dkt. No. 44. Even so, the FAC alleges claims only under 42 U.S.C. § 1981 and Cal. Lab. Code § 1102.5. Defendant Praxair Distribution, Inc. (Praxair), asks to dismiss the FAC on the grounds that the federal claims are untimely, and that the FAC…