POTTER

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 DAVID SYDNEY POTTER, Case No.: 20-CV-1131-CAB-DEB

Plaintiff,

ORDER GRANTING MOTION TO

v. DISMISS

ASHFORD UNIVERSITY et al., [Doc. No. 18] Defendants. 16 This matter is before the Court on Defendants’ motion to dismiss for failure to state a claim. The motion is fully briefed, and the Court deems it suitable for submission without oral argument. The motion is granted. I. Background According to the complaint, Plaintiff took classes from Defendant Ashford University, an online private university. In August 2019, Plaintiff “stated not one, but several profanity laced homophobic slurs to [Defendant William] Hodde,” who previously had been Plaintiff’s doctoral advisor. [Doc. No. 1-1 at 14-15.] On September 6, 2019, Ashford expelled Plaintiff “as a result of a homophobic slur towards an employee.” [Id. at

27 1 Pinpoint citations to the record are to the ECF page numbers…