Barton

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF CALIFORNIA

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

ORDER GRANTING-IN-PART

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

COMPLAINT

Navy, Defendant. [ECF No. 12] 17 Plaintiff Kristine Barton (“Plaintiff”) is suing Defendant Carlos Del Toro, in his 18 official capacity as Secretary of the Navy1 based on violations of the Family Medical 19 Leave Act, 29 U.S.C. § 2601 et seq (“FMLA”). Plaintiff’s First Amended Complaint 20 (“FAC”) cites two claims for relief: Interference with FMLA leave and Retaliation for 21 Taking FMLA leave. See generally FAC, ECF No. 11. 22 Before the Court is Defendant’s Motion to Dismiss the FAC. ECF No. 12. For the 23 reasons set forth below, the motion is GRANTED-IN-PART. 24 25 26 1 This case was originally brought against then Acting Secretary of the Navy Thomas Harker. In accordance with Rule 25(d) of the Federal Rules of Civil…