Do
Do v. Tri City Healthcare District
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
7 SOUTHERN DISTRICT OF CALIFORNIA
MIKE DO, CASE NO. 19cv2253-LAB (MSB)
Plaintiff,
ORDER
vs. TRI CITY HEALTHCARE DISTRICT, et al. 13 Defendants. 1 14
Defendants filed a motion to dismiss the First Amended Complaint in this action under Fed. R. Civ. P. 12(b)(4), (5), and (6), contending that plaintiff Mike Do failed to serve them properly with the summons and original complaint and that certain claims in the First Amended Complaint fail to state a claim on which relief can be granted. Dkt. No. 4-1. Defendants’ motion is GRANTED IN PART. I. Dismissal for Failure to State a Claim Defendants’ motion seeks dismissal under Fed. R. Civ. P. 12(b)(6) of Do’s claims for negligence, intentional infliction of emotional distress against all Defendants and for violation of Title VII against Defendants Mark Albright and Steve Dietlin. Of those, Do opposes only the dismissal of the claim for intentional infliction of emotional distress against Albright. Dkt. 9 p. 10. Defendants’ reply withdraws the Rule…