Pandya v. Bank of America

CourtDistrict Court, W.D. Washington
DecidedFebruary 9, 2024
Docket2:23-cv-01947
StatusUnknown

This text of Pandya v. Bank of America (Pandya v. Bank of America) is published on Counsel Stack Legal Research, covering District Court, W.D. Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Pandya v. Bank of America, (W.D. Wash. 2024).

Opinion

1 2

3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 8 AT SEATTLE

9 10 ASHISH S. PANDYA, CASE NO. C23-1947JLR 11 Plaintiff, ORDER v. 12 BANK OF AMERICA, 13 Defendant. 14

15 I. INTRODUCTION 16 Before the court is Defendant Bank of America’s motion to dismiss pro se 17 Plaintiff Ashish S. Pandya’s complaint. (MTD (Dkt. # 7).) Mr. Pandya did not respond 18 to the motion (see generally Dkt.), but later filed a motion to amend his complaint (MTA 19 (Dkt. # 10)). The court has considered the motions, the relevant portions of the record, 20 // 21 // 22 // 1 and the applicable law. Being fully advised,1 the court GRANTS Bank of America’s 2 motion to dismiss and DENIES Mr. Pandya’s motion to amend as moot.

3 II. BACKGROUND 4 Mr. Pandya filed his complaint on December 19, 2023. (Compl. (Dkt. # 1).) On 5 January 5, 2024, Mr. Pandya filed a supplemental document titled “Case Brief” in which 6 he describes the facts of his case, supported by various exhibits. (Supp. (Dkt. # 5).) The 7 court liberally construes these documents and the exhibits together to comprise Mr. 8 Pandya’s complaint. (See Compl.; Supp.)

9 Mr. Pandya owns a small business called “Miash” and is a former employee of 10 Bank of America whose employment ended on June 3, 2021. (Compl. at 4; Supp. at 1.) 11 Mr. Pandya claims that on his first day of work, Bank of America presented him a 12 contract that would take his “civil liberties and rights away and [his] personal business 13 away.” (Supp. at 1.) In support of this allegation, Mr. Pandya cites what appears to be an

14 unsigned, boilerplate employment agreement with Bank of America. (Id., Ex. 1.) 15 Thereafter, Mr. Pandya claims that Bank of America hacked his phone and deleted 16 certain information. (Id.) Mr. Pandya appears to allege that he is a victim of fraud and 17 identity theft. (See id.) He claims that a trust was established “through the banks” in 18 2018 in Australia, and that “they attached [his] name [and] ID to this trust,” which was

19 fraudulently funded with an Aetna life insurance plan that Mr. Pandya obtained through 20

21 1 Neither party has requested oral argument (see MTD at 1; MTA at 1), and the court determines that oral argument would not be helpful to its disposition of the motion, see Local 22 Rules W.D. Wash. LCR 7(b)(4). 1 his employment in 2019. (Id.) Mr. Pandya alleges that he “was falsely accused of being 2 a Chinese spy” so that “they . . . could take life insurance out on” him, and that he “was

3 being targeted by the Bank,” and that this conduct continued until 2021. (Supp. at 1; see 4 also Compl. at 5 (“They copied my phone to create a[n] illusion of to [sic] frame me for 5 fraud and crested a common enterprise and used property and Id [sic] to create a trust 6 overseas and intentional injury.”).) He further alleges that “the bank” retaliated against 7 him and his family, “the trust was closed in December of 2022,” and “the Bank and 8 regulators” have been attacking him through the present day. (Id.)

9 Mr. Pandya filed a charge with the Equal Employment Opportunity Commission 10 (“EEOC”) on July 24, 2023. (MTD at 3; id., Ex. A (“EEOC Documents”)2.) He received 11 a right to sue notice on October 6, 2023. (Compl. at 6; EEOC Documents.) Mr. Pandya 12 then filed this lawsuit, alleging discrimination and retaliation and raising claims under 13 Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of

14 1967 (“ADEA”), the Americans with Disabilities Act of 1990 (“ADA”), and 15 Washington’s “Civil Rights Act,” which the court construes as a claim under the 16

17 2 The court GRANTS Bank of America’s request for judicial notice of the relevant EEOC documents in this matter. (See MTD at 3.) “[A] district court ruling on a motion to dismiss 18 may consider a document the authenticity of which is not contested, and upon which the plaintiff’s complaint necessarily relies.” Parrino v. FHP, Inc., 146 F.3d 699, 705-06 (9th Cir. 1998); see also 19 Gobin v. Microsoft Corp., No. C20-1044MJP, 2021 WL 148395, at *2 (W.D. Wash. Jan. 15, 2021) (taking judicial notice of EEOC documents in a Title VII action). Because Mr. Pandya raises claims 20 that require EEOC exhaustion, his complaint necessarily relies upon these documents, the authenticity of which he does not contest. (See generally Dkt.) The court therefore takes judicial 21 notice of (1) the August 21, 2023 notice of charge of discrimination; (2) the August 29, 2023 notification and acknowledgement of dual-filed charge; (3) the October 6, 2023 emails between Mr. Robert W. Parker and Drew Denman concerning Mr. Pandya’s EEOC charge; and (4) the October 6, 22 2023 right to sue notice. (See MTD, Ex. A.) 1 Washington Law Against Discrimination (“WLAD”), ch. 49.60 RCW. (Compl. at 3-5.) 2 Mr. Pandya asserts he was discriminated against on the basis of gender/sex, religion, and

3 national origin. (Compl. at 5.) Mr. Pandya also raises claims under the Due Process 4 Clause of the Fifth and Fourteenth Amendments. (Id. at 4.) On January 8, 2024, Bank of 5 America moved to dismiss the complaint. (See generally MTD.) Mr. Pandya did not 6 respond to the motion (see generally Dkt.) but filed his own motion seeking to amend the 7 complaint on February 2, 2024 (see generally MTA). 8 III. ANALYSIS

9 Below, the court sets forth the legal standard governing dismissal before turning to 10 Bank of America’s motion to dismiss. 11 A. Legal Standard 12 Because Mr. Pandya is a pro se Plaintiff, the court must construe his pleadings 13 liberally. See McGuckin v. Smith, 974 F.2d 1050, 1055 (9th Cir. 1992). Federal Rule of

14 Civil Procedure 12(b)(6) provides for dismissal when a complaint “fail[s] to state a claim 15 upon which relief can be granted.” Fed. R. Civ. P. 12(b)(6); see also Fed. R. Civ. P. 16 8(a)(2) (requiring the plaintiff to provide “a short and plain statement of the claiming 17 showing that the pleader is entitled to relief”). Under this standard, the court construes 18 the allegations in the light most favorable to the nonmoving party, Livid Holdings Ltd. v.

19 Salomon Smith Barney, Inc., 416 F.3d 940, 946 (9th Cir. 2005), and asks whether the 20 claim contains “sufficient factual matter, accepted as true, to ‘state a claim to relief that is 21 plausible on its face,’” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Bell Atl. 22 Corp. v. Twombly, 550 U.S. 544, 570 (2007)). The court need not accept as true legal 1 conclusions, “formulaic recitation[s] of the legal elements of a cause of action,” Chavez 2 v. United States, 683 F.3d 1102, 1008 (9th Cir. 2012), or “allegations that are merely

3 conclusory, unwarranted deductions of fact, or unreasonable inferences,” Sprewell v. 4 Golden State Warriors, 266 F.3d 979, 988 (9th Cir. 2001). “A claim has facial 5 plausibility when the plaintiff pleads factual content that allows the court to draw the 6 reasonable inference that the defendant is liable for the misconduct alleged.” Iqbal, 556 7 U.S. at 678. Although the pleading standard announced by Federal Rule of Civil 8 Procedure 8 does not require “detailed factual allegations,” it demands more than “an

9 unadorned, the-defendant-unlawfully harmed-me accusation.” Iqbal, 556 U.S. at 678 10 (citing Twombly, 550 U.S. at 555); see also Fed. R. Civ. P. 8(a). 11 B.

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