Mayo
Mayo v. RECYCLE TO CONSERVE, INC.
Opinion
Opinion
Shubb, J.
MEMORANDUM AND ORDER RE: MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION OF CLAIMS
Plaintiff Edison Mayo brought this action alleging race discrimination and retaliation against defendant Recycle to Conserve, Inc. (“RTC”). Defendant now moves for summary judgment pursuant to Federal Rule of Civil Procedure 56.
I. Factual and Procedural Background
Plaintiff, who is African-American, was a track driver for defendant or its predecessor from 1997 or 1998 to October 30, 2009, when he was involuntarily terminated. (Mayo Decl. ¶ 2 (Docket No. 24); Bolanos Deck ¶ 3, Ex. 2 (plaintiffs employee separation notice) (Docket No. 25).) Defendant purportedly terminated plaintiff because he was involved in a second driving accident in violation of defendant’s accident policy. (Odahl Deck in Supp. of Def.’s Mot. (“Odahl Deck”) ¶¶4-11 (Docket No. 9-4); McMullin Deck in Supp. of Def.’s Mot. (“McMullin Deck”) ¶¶3-6 (Docket No. 9-5).)
Defendant, a nationwide company with multiple facilities, employed plaintiff at its Stockton, California, facility, at which fifteen to twenty employees worked. (Kennaday Deck in Supp. of Def.’s Mot. (“Kennaday Deck”) Ex. A (“Mayo Dep. Tr.”)…