Freeman
Freeman v. Flowers Baking Co. of Henderson, LLC
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 12 RODERICK FREEMAN, Case No.: 3:20-cv-02303-W-BGS
Plaintiff,
v. ORDER GRANTING IN PART AND
DENYING IN PART DEFENDANT’S
FLOWERS BAKING CO. OF
MOTION TO DISMISS [DOC. 16]
HENDERSON, LLC,
WITHOUT LEAVE TO AMEND Defendant. 18 19 Defendant Flowers Baking Co. of Henderson, LLC (“Flowers”) moves to dismiss the second cause of action for harassment and the request for punitive damages from the Second Amended Complaint (“SAC”) 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 IN PART AND DENIES IN PART Defendants’ motion [Doc. 16] WITHOUT LEAVE TO AMEND. 27 28 I. BACKGROUND A. Factual allegations Plaintiff Roderick Freeman, aged sixty-one, was hired by Defendant Flowers Baking Co. of…