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Agostisi v. Bendo

Actions Not 'Parallel', 'Colorado River' Abstention Inapplicable in Retaliation Suit

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MEMORANDUM AND ORDER In this case alleging violations of First Amendment rights, political retribution, and litigation over separation pay agreements, the Court is presented with defendants motion to dismiss and motion to strike. For the following reasons, defendants motions are DENIED. Brief Factual and Procedural Background The following allegations are presumed to be true for the purpose of the present motions. Plaintiff Robert Agostisi (“Plaintiff) was hired by defendant City of Long Beach (“Defendant” or the “City”) in late 2006 as assistant corporation counsel, and through 2019, received several promotions. Docket Entry (“DE”) 7

4, 12. Plaintiff represented the City in labor, employment, and civil right cases. Id. 13. Pursuant to the City of Long Beach City Charter (the “City Charter”), exempt employees (the “exempts”) are appointed by the City Manager, who is selected by the City Council. Id. 23. The exempts include employees hired by the current or past political administrations. Id. As an appointed official, Plaintiff was an “exempt” employee of the City. Id.

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