Opinion
CIVIL 5:23-cv-03336-JMG
05-31-2024
TINA VU, Plaintiff, v. MICHELLE L. KOTT, et al., Defendants.
ORDER
JOHN M. GALLAGHER, UNITED STATES DISTRICT COURT JUDGE.
AND NOW, this 31st day of May, 2024, upon consideration of Defendants' Partial Motion to Dismiss Plaintiff's Amended Complaint (ECF No. 22) and Plaintiff's Response in Opposition (ECF No. 26), IT IS HEREBY ORDERED that the Motion (ECF No. 22) is GRANTED IN PART and DENIED IN PART.
IT IS FURTHER ORDERED as follows:
1. Count I is DISMISSED without prejudice.
2. Count II is DISMISSED without prejudice.
3. Count III, as it pertains to race discrimination, is DISMISSED, but REMAINS, as it pertains to sex discrimination.
4. Count IV is DISMISSED with prejudice.
5. Count V is DISMISSED with prejudice as it pertains to a property interest in continued employment, but REMAINS, as it pertains to a liberty interest in reputation.
6. Count VI is DISMISSED without prejudice.
7. Count VII is DISMISSED with prejudice.
8. Count VIII REMAINS.
9. Count IX is DISMISSED without prejudice.