Kennedy v. Bank of America National Association et al

Filing 25

ORDER by Judge Claudia Wilken Granting 6 Motion to Dismiss (cwlc3, COURT STAFF) (Filed on 7/12/2010)

Kennedy v. Bank of America National Association et al

Doc. 25

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff Claudia Kennedy charges Defendants with discrimination in violation of 42 U.S.C. § 1981. Plaintiff alleges v. BANK OF AMERICA, NATIONAL ASSOCIATION; BANK OF AMERICA CORPORATION; STEVE OWEN; and DOES 1 through 25, inclusive, Defendants. ____________________________________/ CLAUDIA KENNEDY, Plaintiff, No. C 10-0868 CW ORDER GRANTING DEFENDANTS' MOTION TO DISMISS IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

that Defendants discriminated against her based on her "medical condition" and age. A § 1981 claim prohibits discrimination on the Saint Francis College v. The statute "does not

basis of race and national origin only. Al-Kharzraji, 481 U.S. 604, 613 (1987).

protect against discrimination on the basis of gender, religion, disability [or] age . . . ." Sagan v. Tenorio, 384 F.3d 731, 738 Defendants have

(9th Cir. 2004) (internal citations omitted).

filed a motion to dismiss the claims asserted against them and Plaintiff concedes that she does not have a valid § 1981 claim. Accordingly, the Court grants Defendants' motion and grants

Dockets.Justia.com

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Plaintiff leave to amend her complaint to allege a cognizable cause of action on some basis other than § 1981. Plaintiff must file an amended complaint within seven days from the date of this order. If Defendants move to dismiss, they

must do so within fourteen days of the filing of the amended complaint. Plaintiff shall file an opposition fourteen days The

thereafter and Defendants shall file a reply seven days later.

matter will be taken under submission and decided on the papers. The motion hearing and case management conference scheduled for July 15, 2010 is vacated and rescheduled to Tuesday, September 7, 2010 at 2:00 p.m. If Plaintiff fails to file an opposition, the

Court will dismiss her complaint for failure to prosecute. IT IS SO ORDERED.

Dated: 07/12/10

CLAUDIA WILKEN United States District Judge

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