¶ 11.) On July 31, 2013, Plaintiff 5 received a letter from Morongo notifying her she had been 6 discharged 'because of her drug use which interfered 7 with her ability to perform her job.' (Id. ¶ 1 9.) On July 26, 2013, while Plaintiff was at work, an 2 unnamed manager sent Plaintiff home because 'it was 3 brought up that was taking drugs for her disability 4 for years.' (Id.

26 27 1 The Court at times refers to MCRS and Morongo 28 interchangeably. (Id.) 23 24 On May 7, 2013, Plaintiff received another leave of 25 absence that was due to expire on August 8, 2013. ¶ 6.) As a result, 20 Plaintiff qualified for, and received, several leaves of 21 absence under the Family Medical Leave Act ('FMLA'), as 22 implemented by Morongo. ¶ 2(b).)1 17 18 In 2010, Plaintiff was diagnosed with fibromyalgia 19 and chronic migraine headaches. 15 (FAC ¶ 5.) MCRS is owned and operated by Morongo, an 16 Indian tribe. Factual Background 13 Plaintiff began working as a slot attendant for the 14 Morongo Casino, Resort & Spa ('MCRS') in about 2002. 14-1 ('Motion').) 5 6 After considering the papers filed in support of, and 7 in opposition to, the Motion, and the arguments presented 8 at the Jhearing, the Court GRANTS the Motion 9 and DISMISSES this action WITH PREJUDICE. 7 ('FAC').) On April 8, 2015, 3 Defendants filed the instant Motion to Dismiss. 28 1 Plaintiff filed her First Amended Complaint on March 2 10, 2015. Plaintiff 25 alleges her drug use at the time was connected to the 26 illnesses for which she received the leave in the first 27 place. During one such approved leave, 24 Morongo discharged Plaintiff for drug use. 20 Morongo provided her several leaves of absence under a 21 policy it implemented that afforded its employees 22 protections based on the Family Medical Leave Act, 29 23 U.S.C. 14) WITHOUT LEAVE TO AMEND Plaintiff worked as a slot attendant at a casino 18 owned and operated by the Morongo Band of Mission Indians 19 ('Morongo'), a federally-recognized Indian tribe.

EDCV 14-02308-VAP (KKx) ORDER GRANTING MOTION TO DISMISS (DOC.

) ) MORONGO CASINO, RESORT, ) AND SPA ET AL., ) ) Defendants. 28 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 CRYSTAL A.

Morongo casino resort and spa tax id