Opinion
Civil Action 23-4384
05-13-2024
JACK KAHRIGER, Plaintiff, v. XAVIER BECERRA, Defendant.
ORDER
GERALD J. PAPPERT, J.
AND NOW, this 13th day of May 2024, upon consideration of Plaintiff's Complaint, (ECF No 1), Defendant's Motion to Dismiss, (ECF No. 9), Plaintiff's Response, (ECF No. 11), Defendant's Reply (ECF No. 14) and Plaintiff's Sur-Reply, (ECF No. 15), it is hereby ORDERED that the motion is GRANTED in part and DENIED in part.
The Court DENIES the motion with respect to the gender discrimination and retaliation claims.
Plaintiff's hostile work environment claim is DISMISSED without prejudice. Plaintiff may, on or before Monday, June 10, 2024, file an amended complaint to the extent he can allege facts which could establish a basis for equitable tolling of the time within which he was required to exhaust his administrative remedies before bringing this claim.