McCaffrey

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 STEPHEN MCCAFFREY, Case No. 23-cv-06224-SI

8 Plaintiff, ORDER RE: DEFENDANT'S MOTION 9 v. FOR SUMMARY JUDGMENT

10 REPUBLIC SERVICES, INC., Re: Dkt. No. 33 11 Defendant.

12 13 Defendant filed a motion for summary judgment on all of the claims in this litigation and 14 plaintiff’s request for punitive damages. Dkt. No. 33. For the reasons stated below, the Court 15 GRANTS in part and DENIES in part defendant’s motion. 16 17 BACKGROUND 18 I. Plaintiff’s Job Performance and Defendant’s Responses 19 Defendant Allied Waste Services of North America, LLC (named in the complaint and some 20 documents as Republic Services, Inc.) hired plaintiff Stephen McCaffrey as a division manager for 21 its Fresno/Salinas business unit in late 2017. Dkt. No. 33-2, Ex. A (“Pl. Dep.”) at 23, 30-31.1 In 22 April 2020, plaintiff moved into the role of municipal sales manager because he was “exhausted” 23 by seventy-five to ninety hour…