Drumm

Drumm v. Morningstar, Inc.

Good Law

695 F. Supp. 2d 1014·2010 WL 728333·2010 U.S. Dist. LEXIS 26115

United States District Court, Northern District of CaliforniaFebruary 26, 2010C08-03362 TEHCalifornia6,150 words

Opinion

Henderson, J.

ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF’S RULE 59(e) MOTION; GRANTING IN PART AND DENYING IN PART PLAINTIFF’S MOTION FOR ATTORNEY’S FEES; AND DENYING DEFENDANT’S MOTION FOR ATTORNEY’S FEES.

This matter came before the court on February 1, 2010 on three motions. Plaintiff Michael Drumm (“Drumm”) moves pursuant to Federal Rule of Civil Procedure 59(e) to alter or amend the judgment entered on November 13, 2009, and moves for an award of attorney’s fees and costs. Defendant Morningstar, Inc. (“Mornings-tar”) likewise moves for attorney’s fees. For the reasons set forth below, Drumm’s Rule 59(e) motion is GRANTED IN PART and DENIED IN PART. Drumm’s motion for attorney’s fees and costs is GRANTED IN PART and DENIED IN PART, and Morningstar’s motion is DENIED. BACKGROUND

Drumm filed this lawsuit after he was terminated from his position as a sales director at Morningstar. Drumm alleged that he was improperly terminated on the basis of sexual orientation in violation of California’s Fair Employment and Housing Act (“FEHA”), Cal. Gov.Code § 12940. His complaint asserted three causes of action premised on his allegedly discriminatory firing: discrimination, failure to take…

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