Rogers v. City of San Francisco

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6

BRIAN F. ROGERS,

7 Case No. 23-cv-04997-JCS Plaintiff, 8 ORDER GRANTING IN PART AND v. DENYING IN PART DEFENDANTS’ 9 MOTION TO DISMISS PLAINTIFF’S CITY OF SAN FRANCISCO, et al., COMPLAINT FOR FAILURE TO 10 STATE A CLAIM Defendants. 11 Re: Dkt. No. 19

12 13 I. INTRODUCTION 14 In this employment discrimination case, Plaintiff Brian Rogers has sued the City of San 15 Francisco and the San Francisco Public Utilities Commission (“SFPUC”) (collectively, the 16 “City”), based on the SFPUC’s failure to hire him for a Senior Account Clerk position based on 17 his race. Defendants bring a motion to dismiss (“Motion”), asking the Court to dismiss Plaintiff’s 18 cause of action for intentional infliction of emotional distress (“IIED”), pursuant to Rule 12(b)(6) 19 of the Federal Rules of Civil Procedure, on the basis that Plaintiff failed to comply with…