Flinders

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 7 MATTHEW FLINDERS, Case No. 22-cv-04072-VKD

Plaintiff, ORDER GRANTING DEFENDANT'S v. MOTION TO DISMISS COMPLAINT

STATE BAR OF CALIFORNIA, Re: Dkt. No. 8 Defendant.

13 Plaintiff Matthew Flinders, who is representing himself, filed this action against the State Bar of California (“State Bar”), asserting claims for violation of the Age Discrimination in Employment Act (“ADEA”), 29 U.S.C. § 621, et seq. and the California Fair Employment and Housing Act (“FEHA”), Cal. Gov. Code §§ 12940 & 12944. The State Bar moves pursuant to Rules 12(b)(1) and 12(b)(6) to dismiss the complaint for lack of subject matter jurisdiction and for failure to state a claim for relief. The State Bar argues that the Court lacks jurisdiction over this matter because the present lawsuit is barred by the Eleventh Amendment of the U.S. Constitution and because Mr. Flinders did not petition the California…