Suarez

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 MARIA SUAREZ, Case No.: 22-cv-0021-GPC-BLM

Plaintiff,

ORDER GRANTING IN PART AND

v. DENYING IN PART DEFENDANT’S

MOTION TO DISMISS FOR

CARLOS DEL TORO, Secretary, U.S.

FAILURE TO STATE A CLAIM

Department of the Navy, 15 Defendant. [ECF No. 42] 16 17 On June 3, 2022, Defendant Carlos Del Toro (“Defendant” or “Del Toro”) filed a Motion to Dismiss pursuant to Federal Rule of Civil Procedure (“Rule”) 12(b)(6). ECF No. 42. The parties have fully briefed the pending motion to dismiss. ECF Nos. 44, 45. For the reasons set forth below, the Court GRANTS in part and DENIES in part the motion. /// /// /// /// 27 I. BACKGROUND A. Factual Background Suarez served as an Equal Employment Specialist for the Department of Navy, Bureau of Medicine and Surgery, in San Diego, California. ECF No. 1 at 3; ECF No. 38 at 5. This position required Suarez to process and resolve informal and formal…