Doherty

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 7 MATTHEW DOHERTY, Case No. 5:22-cv-02822-EJD

Plaintiff, ORDER GRANTING IN PART AND

DENYING IN PART MOTION TO

v. DISMISS

ASURION UBIF FRANCHISE, LLC, Re: Dkt. No. 14 Defendant.

Plaintiff Matthew Doherty was terminated from his employer, Defendant Asurion UBIF Franchise, LLC, after seven days on the job. He alleges that Defendant did so, in violation of various California labor and employment provisions, after Defendant had learned Plaintiff was receiving cancer treatment. Defendant’s proffered reason for the termination was that Plaintiff had not completed a Form I-9. Defendant removed this complaint from the Santa Clara County Superior Court and has now moved to dismiss all five claims in the Complaint under Rule 12(b)(6). The Court took this matter under submission without oral argument on October 26, 2022. Based on the following, the Court GRANTS IN PART and DENIES…