United States District Court, D. Colorado
ORDER ON MOTION TO DISMISS
BROOKE JACKSON UNITED STATES DISTRICT JUDGE
move to dismiss this case for failure to state a claim
pursuant to Fed.R.Civ.P. 12(b)(6). For the reasons discussed
in this order, the motion is granted in part and denied in
survive a 12(b)(6) motion to dismiss, the complaint must
contain “enough facts to state a claim to relief that
is plausible on its face.” Ridge at Red Hawk,
L.L.C. v. Schneider, 493 F.3d 1174, 1177 (10th Cir.
2007) (quoting Bell Atlantic Corp. v. Twombly, 550
U.S. 544, 570 (2007)). A plausible claim is a claim that
“allows the court to draw the reasonable inference that
the defendant is liable for the misconduct alleged.”
Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). While
the Court must accept the well-pleaded allegations of the
complaint as true and construe them in the light most
favorable to the plaintiff, Robbins v. Wilkie, 300
F.3d 1208, 1210 (10th Cir. 2002), conclusory allegations are
not entitled to be presumed true, Iqbal, 556 U.S. at
681. However, so long as the plaintiff offers sufficient
factual allegations such that the right to relief is raised
above the speculative level, he has met the threshold
pleading standard. See, e.g., Twombly, 550
U.S. at 556; Bryson v. Gonzales, 534 F.3d 1282, 1286
(10th Cir. 2008).
Vazirabadi represents himself. He is a trained and educated
engineer, but he is not a lawyer. As such, I construe his
filings and arguments liberally, but I cannot serve as his
advocate. See, e.g., Hall v. Bellmon, 935 F.2d 1106,
1110 (10th Cir. 1991).
the foregoing standards of review, I will assume the truth of
Mr. Vazirabadi's factual allegations and draw reasonable
inferences from those facts in the light most favorable to
him. I will not assume the truth of conclusory allegations or
the validity of opinions he has expressed. Separating factual
allegations from statements of opinion is somewhat difficult
in this instance because the First Amended Complaint reads in
part as if it were a brief in response to defendants'
motion to dismiss the original complaint. It is replete, for
example, with allegations that documents submitted by the
defendants in support of their motion to dismiss are
forgeries or fabrications. Unless he has asserted a fact that
makes such claims plausible, I will not assume that his
opinions are true, nor will I assume that they are false.
They simply won't make a difference in my evaluation of
for purposes of the pending motion, the Court assumes the
truth of the following allegations of fact contained in
plaintiff's First Amended Complaint:
1. Alireza Vazirabadi is a 54-year old Iranian-American
citizen. He has education and experience as an industrial
2. In July 2016 the Denver Health and Hospital Authority
(DHHA) advertised for a position as a Lean Facilitator on
Indeed.com. The minimum educational qualification for the
position was a Bachelor's degree in Health Care
Administration, Business, Industrial Engineering or other
related field. Experience in process improvement or project
management, healthcare experience with team leadership
experience, and facilitation experience were included among
other factors that would be considered.
3. The position did not require any foreign language fluency.
4. On July 8, 2016 Mr. Vazirabadi registered at
careers.peopleclick.com, submitted his resume-letter for the
position, and answered online questions.
5. One question asked whether the applicant was fluent in any