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Vazirabadi v. Denver Health and Hospital Authority

United States District Court, D. Colorado

July 23, 2018

ALIREZA VAZIRABADI, Plaintiff,
v.
DENVER HEALTH AND HOSPITAL AUTHORITY “DHHA”, as Employer, JEREMY LEE “LEE”, in his Individual Capacity, ELIZABETH FINGADO “FINGADO”, in her Individual Capacity, THEODORE POKRYWKA “POKRYWKA”, in his Individual Capacity, JOHN AND JANE DOES 1 THROUGH 10, and DOES ENTITIES 1 THROUGH 10, whose true names are unknown, Defendants.

          ORDER ON MOTION TO DISMISS

          R. BROOKE JACKSON UNITED STATES DISTRICT JUDGE

         Defendants 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 part.

         STANDARD OF REVIEW

         To 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).

         Mr. 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).

         FACTS

         Applying 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 the motion.

         Accordingly, 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 engineer.
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 language ...

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