Rivera III v. Attorney General Monty Wilkinson

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 FIDEL C. RIVERA III, Case No.: 21-cv-213-MMA (AGS)

ORDER DENYING DEFENDANT’S

Plaintiff, MOTION TO DISMISS, OR v. ALTERNATIVELY, FOR JUDGMENT

ATTORNEY GENERAL MERRICK B.

GARLAND, et al., [Doc. No. 4] 15 Defendants. 16

18 On February 3, 2021, Plaintiff Fidel C. Rivera III (“Plaintiff”) filed a Complaint against Department of Justice Attorney General Monty Wilkinson and Does 1 through 10. See Doc. No. 1 (“Compl.”). Plaintiff brings claims for discrimination, hostile work environment, and retaliation pursuant to Title VII of the Civil Rights Act, 42 U.S.C. § 2000e et seq. Defendant moves to dismiss, or alternatively, for partial summary judgment. See Doc. No. 4. Plaintiff filed an opposition, to which Defendant replied. See

26 1 Merrick B. Garland replaced Monty Wilkinson as Attorney General. Therefore, he is automatically substituted as Defendant. See Fed. R. Civ. P.…