Albro

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 WILLIAM ALBRO, No. 1:18-cv-01156-TLN-CDB Plaintiff, v. ORDER CARLOS DEL TORO, Defendant. 16 This matter is before the Court on Defendant Carlos Del Toro’s, in his official capacity as Secretary of the United States Department of the Navy (“Defendant”), Motion for Summary Judgment. (ECF No. 78.) Plaintiff William Albro (“Plaintiff”) filed an opposition (ECF No. 84), and Defendant filed a reply (ECF No. 87). For the reasons set forth below, the Court DENIES Defendant’s motion. /// ///

24 At the time this action was brought, Richard V. Spencer was the Secretary of the Navy. 25 (See ECF No. 1.) Secretary Spencer was succeeded by Thomas B. Modly who served as Acting Secretary of the Navy until the appointment and confirmation of Carlos Del Toro. (See ECF No. 32.) The Court therefore substitutes Defendants Richard V. Spencer and Thomas B. Modly for Defendant Carlos Del Toro. See Fed. R. Civ. P. 25(d) (court may order…