Joshua Miller v. T-Mobile USA, Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JOSHUA MILLER, Case No. 24-cv-06792-HSG

Plaintiff, ORDER GRANTING IN PART AND

DENYING IN PART DEFENDANT’S

v. MOTION FOR SUMMARY

JUDGMENT

T-MOBILE USA, INC., Re: Dkt. No. 34 Defendant.

Pending before the Court is Defendant’s motion for summary judgment, Dkt. No. 34. The Court finds this matter appropriate for disposition without oral argument and the matters are deemed submitted. See Civil L.R. 7-1(b). Having carefully considered the parties’ arguments, the Court GRANTS IN PART AND DENIES IN PART Defendant’s motion. I. BACKGROUND1 Plaintiff was hired as a Mobile Associate at a T-Mobile store in October 2018. Dkt. No. 45-1 (“Miller Dep. Vol. I”) 19:5–8, 95:4–10, 121:12–122:5. At the time of his hire, Plaintiff openly identified as gay, atheist, and mixed race. Id. 23:17–24:1; 30:12–17. In November 2021, Plaintiff interviewed with Market Manager Cishanie Lontoc Murillo and Retail Store Manager 21 …