Owens
Owens v. Toro
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 WILLIAM C. OWENS, Case No.: 18-CV-1579 JAH JLB
Plaintiff,
ORDER:
v. (1) DENYING PLAINTIFF’S
MOTION TO STRIKE
CARLOS DEL TORO, Secretary of the
AFFIRMATIVE DEFENSES, (ECF
Navy, No. 34), and; Defendant. 16 (2) GRANTING DEFENDANT’S MOTION TO DISMISS FIRST
AMENDED AND CONSOLIDATED
18 COMPLAINT, (ECF No. 30). 19 I. INTRODUCTION On July 12, 2018, Plaintiff William C. Owens (“Plaintiff”) filed a complaint against Defendant Richard V. Spencer,1 Secretary of the Navy (“Defendant”) alleging causes of action for discrimination and retaliation. (ECF No. 1). This Court dismissed Plaintiff’s complaint on May 22, 2019, finding that Plaintiff engaged in improper claim splitting, as the action arose from the same nucleus of facts as another case involving the same parties 26 27 Pursuant to Fed. R. Civ. P. 25(d), Carlos Del Toro has…