Sayyedalhosseini v. Los Rios Community College District

Summary

The United States District Court for the Eastern District of California adopts the magistrate judge’s findings and recommendations in part. The court dismisses as untimely all claims except the retaliation claim identified in EEOC charge 555-2020-01235, partially grants the defendant’s motion to strike, and refers the matter back for further pretrial proceedings.

Holdings

1. The district court presumes the magistrate judge's findings of fact are correct and reviews the magistrate judge's conclusions of law de novo.
2. All claims other than the retaliation claim set forth in charge 555-2020-01235 are dismissed as untimely without leave to amend.
3. The addendum to the First Amended Complaint and portions of the statement of demands seeking termination of other employees and enforcement of state court orders are stricken, while the motion to strike is denied as to the remaining challenged material.

Questions Presented

1. Whether the magistrate judge's findings and recommendations should be adopted after de novo review of plaintiff's objections.
2. Whether claims other than the retaliation claim set forth in charge 555-2020-01235 were untimely and should be dismissed without leave to amend.
3. Whether portions of the First Amended Complaint, including its addendum and demands for termination of other employees and enforcement of state court orders, should be stricken.
4. Whether the requests for assurances and preventative measures could theoretically form the basis of injunctive relief.

Disposition

other