Barton

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF CALIFORNIA

KRISTINE BARTON, Case No.: 3:21-cv-01332-BEN-JLB 12 Plaintiff,

ORDER GRANTING

13 v. DEFENDANT’S MOTION TO DISMISS CARLOS DEL TORO, Secretary of the

Navy, [ECF No. 6] Defendant. 16 17 Plaintiff Kristine Barton (“Plaintiff”) is suing Defendant Carlos Del Toro, in his 18 official capacity as Secretary of the Navy1 based on what Plaintiff claims to be 19 discrimination under Title VII of the Civil Rights Act of 1964 (“Title VII”), the 20 Vocational Rehabilitation Act, and the Family Medical Leave Act (FMLA). Plaintiff’s 21 complaint cites four claims for relief: (1) Discrimination based on Plaintiff’s protected 22 classification, (2) Discrimination based on hostile work environment, (3) Discrimination 23 based on reprisal; and (4) Violations of the FMLA. See generally Complaint, ECF No. 1. 24 25 1 This case was originally brought against then Acting Secretary of the Navy Thomas Harker. In accordance with Rule 25(d)…