Muniz

ORDER DENYING PLAINTIFF’S MOTION FOR LEAVE TO FILE AN AMENDED COMPLAINT AND GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION FOR SUMMARY JUDGMENT (Docket Nos. 23 and 27)

Plaintiff Kim Muniz charges Defendant United Parcel Service, Inc. (UPS) with unlawful discrimination, retaliation and negligent hiring, training and supervision. She moves for leave to file an amended complaint. UPS opposes her motion and moves for summary judgment on her claims. Plaintiff opposes UPS’s motion as to all her claims, except that for age discrimination. Plaintiffs motion was taken under submission on the papers; UPS’s motion was heard on June 3, 2010. Having considered oral argument and the papers submitted by the parties, the Court DENIES Plaintiffs motion for leave to amend her complaint and GRANTS in part UPS’s motion for summary judgment and DENIES it in part.

BACKGROUND

Plaintiff has been an employee of UPS since 1978. In May, 2006, Tom Dalton, East Bay District Manager, promoted Plaintiff to Oakland Division Manager. As division manager, Plaintiff was responsible for all of the activities in the Oakland Division, including holding employees accountable and ensuring compliance with…