Freeman
Freeman v. Flowers Baking Co. of Henderson, LLC
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 RODERICK FREEMAN, Case No.: 3:20-cv-02303-W-BGS
Plaintiff,
v. ORDER GRANTING DEFENDANT’S
MOTION TO DISMISS [DOC. 7]
FLOWERS BAKING CO. OF
WITH LEAVE TO AMEND
HENDERSON, LLC,
15 Defendant. 16 17 Defendant Flowers Baking Co. of Henderson, LLC (“Flowers”) moves to dismiss the First Amended Complaint (“FAC”) under Federal Rule of Civil Procedure 12(b)(6). Plaintiff Roderick Freeman opposes. The Court decides the matter on the papers submitted and without oral argument. Civ. L.R. 7.1(d.1). For the reasons that follow, the Court GRANTS Defendants’ motion [Doc. 7] WITH LEAVE TO AMEND. 24 I. BACKGROUND Plaintiff Roderick Freeman, aged sixty-one, was hired by Defendant Flowers Baking Co. of Henderson, LLC (“Flowers”) in or around January 2011 as a Branch Sales Manager. (FAC [Doc. 6] ¶¶ 9–11.) He was promoted to the role of Director of Sales in 2013 and reclassified as an Area Sales Director in 2018 despite…