Horning

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 KAREN J. HORNING, Case No. 23-cv-00421-DMR

Plaintiff,

ORDER ON DEFENDANT’S MOTION

v. FOR SUMMARY JUDGMENT ON THE

ISSUE OF TIMELINESS

GINA RAIMONDO, Re: Dkt. No. 18 Defendant.

Plaintiff Karen J. Horning filed a complaint against Defendant Gina Raimondo, Secretary of the Department of Commerce alleging claims in connection with her employment application to the United States Census Bureau (the “Census”). Defendant now moves to dismiss the complaint for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6). [Docket Nos. 18 (“Mot.”), 28 (“Reply”).] Plaintiff opposed. [Docket No. 27 (“Opp’n”).] At the July 13, 2023 hearing on the motion, the court notified the parties that it would convert Defendant’s motion to dismiss into a motion for summary judgment on the issue of timeliness, and ordered the parties to file supplemental evidence. [Docket No. 30.] For the following reasons, Defendant’s motion for…