Rogers v. City of San Francisco

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

BRIAN F. ROGERS,

Case No. 23-cv-04997-JCS Plaintiff, ORDER GRANTING IN PART AND v. DENYING IN PART DEFENDANTS’ MOTION TO DISMISS PLAINTIFF’S CITY OF SAN FRANCISCO, et al., COMPLAINT FOR FAILURE TO STATE A CLAIM Defendants. Re: Dkt. No.

12 I. INTRODUCTION In this employment discrimination case, Plaintiff Brian Rogers has sued the City of San Francisco and the San Francisco Public Utilities Commission (“SFPUC”) (collectively, the “City”), based on the SFPUC’s failure to hire him for a Senior Account Clerk position based on his race. Defendants bring a motion to dismiss (“Motion”), asking the Court to dismiss Plaintiff’s cause of action for intentional infliction of emotional distress (“IIED”), pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, on the basis that Plaintiff failed to comply with…