Wilson v. United Air Lines, Inc. et al

Filing 29

ORDER DISMISSING CLAIMS WITH LEAVE TO AMEND. Amended Pleadings due by 6/12/2015. Case Management Statement due by 6/16/2015. Further Case Management Conference set for 6/23/2015 10:00 AM in Courtroom 4, 17th Floor, San Francisco. Signed by Judge Vince Chhabria on 5/22/2015. (knm, COURT STAFF) (Filed on 5/22/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DARRYL WILSON,

Case No. 15-cv-00472-VC

Plaintiff,
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v.

ORDER DISMISSING CLAIMS WITH
LEAVE TO AMEND

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UNITED AIRLINES, INC., et al.,

Re: Dkt. No. 23

Defendants.

United States District Court
Northern District of California

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The court issued an order to show cause why the plaintiff's claims relating to unposted

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positions should not be dismissed for failure to state a claim. After receiving briefs on this

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question and holding a hearing, the court concludes that the complaint fails to state a claim for

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race discrimination with respect to the unposted positions. As the plaintiff concedes in his brief,

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to prevail on a claim that he was denied an unposted position because of his race, he must show

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that he "indicated to the employer" an interest in being promoted to a particular position, or to a

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class of positions that includes that particular position. Plaintiff's Response at 3 (quoting Mauro v.

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S. New England Telecomm., Inc., 208 F.3d 384 (2d Cir. 2000)). See also Defendants' Response at

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5 ("Where the promotions are not posted, there must be, at minimum, some factual allegations that

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reflect an attempt to obtain an identifiable position, such as a clear expression of interest to the

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decisionmaker."). As explained in the order to show cause, and in the defendants' brief, and at the

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hearing, the complaint does not do this.

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Accordingly, the complaint is dismissed. Although this is the Fifth Amended Complaint,

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given the unusual procedural background of this case, the plaintiff will be given one more

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opportunity to amend the complaint to sufficiently allege that the defendants discriminated against

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him personally. Any amended complaint must be filed by June 12, 2015. A case management

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conference will take place June 23, 2015 at 10:00 a.m.

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IT IS SO ORDERED.
Dated: May 22, 2015
______________________________________
VINCE CHHABRIA
United States District Judge

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United States District Court
Northern District of California

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