Libraty

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 | Daniel Libraty, No. 1:20-cv-01764-KJM-SAB 12 Plaintiff, ORDER TO SHOW CAUSE 13 v. 14 Denis McDonough, et al., 1S Defendants. 16 17 Counsel for plaintiff Daniel Libraty argues in opposition to the pending motions for 18 | summary judgment that this court should consider whether he could prove a disability was one 19 | “motivating factor” behind defendants’ allegedly discriminatory actions. See Opp’n to UCSF 20 | Mot. at 19, ECF No. 36 (citing Murray v. Mayo Clinic, 934 F.3d 1101 (9th Cir. 2019), among 21 | other authority); Opp’n to VA Mot. at 17 & n.2, ECF No. 37 (same). The court heard oral 22 | arguments on the pending motions on June 26, 2025, and counsel reiterated this argument orally. 23 | The court has reviewed the cases counsel cites to support this position. These cases appear not to 24 | support counsel’s argument, but rather to reject it. See, e.g., Murray, 934 F.3d at 1105-07 25 | (overruling previous…