Jackson v. Simon Property Group, Inc.

Good Law

795 F. Supp. 2d 949·2011 WL 2446299·2011 U.S. Dist. LEXIS 64959

United States District Court, Northern District of CaliforniaJune 17, 2011C-10-2521 JCSCalifornia9,216 words

Opinion

Spero, J.

ORDER GRANTING DEFENDANT’S. MOTION FOR SUMMARY JUDGMENT

I. INTRODUCTION

On Friday, May 20, 2011 at 9:30 a.m., the Defendant Simon Property Group Inc.’s (“Defendant”) Motion for Summary Judgment (“the Motion”) came on- for hearing. Having considered the papers and arguments of counsel, and for the reasons stated below, the Motion is GRANTED.

II. BACKGROUND

A. Facts

Plaintiff Steven D. Jackson (“Plaintiff’) was employed at Stoneridge Mall as the Director of Operations beginning in February 2008. Joint Statement of Undisputed Facts (“JSUF”) 2. Defendant Simon Property Group, Inc. (“Defendant”) owns and operates shopping malls throughout the United States, including the Stoneridge Mall in Pleasanton, California. JSUF 1. Defendant considers Stoneridge to be an upscale mall. JSUF 46 (PI. Depo. I at 126:23-127:1, Vito Dec. ¶ . 10).

Colin Vito became the Mall Manager and Plaintiffs direct supervisor in November 2008. JSUF 2 (PI. Depo. I at 128:10-15, 150:6-8, attached to the Stein Dec.; Vito Dec. ¶¶ 1, 5). Vito began working for Simon in 2005 as an Assistant Mall Manager for a mall in Mission. Viejo. JSUF 3. He was then promoted to Mall Manager and managed malls in Albuquerque, New…

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