Bruce

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 OTIS BRUCE, Case No. 23-cv-03931-JST

8 Plaintiff,

ORDER DENYING MOTION TO

9 v. DISMISS FOR INEFFECTIVE AND

UNTIMELY SERVICE OF PROCESS

10 COUNTY OF MARIN, et al., Re: ECF No. 22 Defendants. 11

12 13 Before the Court is Defendant Lori Frugoli’s motion to dismiss for ineffective and 14 untimely service of process. ECF No. 22. The Court will deny the motion. 15 I. BACKGROUND 16 Otis Bruce brought this action against the County of Marin and District Attorney, Lori 17 Frugoli, after he was terminated from the Marin County District Attorney’s Office. He filed his 18 initial complaint on August 4, 2023, two days before the statute of limitations was set to expire on 19 his California Labor Code Section 1102.5 claim. ECF No. 1. However, he had not yet received a 20 right to sue letter from the EEOC or California Civil Rights Department for his Title VII and 21 FEHA claims. ECF No. 30-1 ¶ 6. On October 31, 2023, after receiving his right to sue letters, he 22 …