Walker
Walker v. BRAND ENERGY SERVICES, LLC
Opinion
Opinion
O'Neill, J.
SUMMARY JUDGMENT DECISION (Doc. 22.)
INTRODUCTION
Defendant Brand Energy Services, LLC (“BES”) seeks summary judgment in that plaintiff Gerald Glenn Walker (“Mr. Walker”) is unable to establish a prima facie case for his employment retaliation/termination claims. Mr. Walker responds that the evidence shows that he was “set up” and terminated because he complained of his supervisor’s discriminatory conduct. This Court considered BES’ summary judgment motion on the record and VACATES the June 30, 2010 hearing, pursuant to Local Rule 230(g). For the reasons discussed below, this Court DENIES BES summary judgment.
BACKGROUND BES’ Operations
From 1989 to November 5, 2008, Mr. Walker worked as a carpenter, foreman and superintendent for BES, a construction company which rents, erects and dismantles scaffold platforms. Mr. Walker is black.
A division of BES is located in Bakersfield (“Bakersfield division”). Since 1989, the Bakersfield division performed work in Bakersfield at the Big West Refinery (“Big West job”) and for Kimberlina Solar Thermal Energy (“Kimberlina job”). In addition, BES operates as another division at its Long Beach Hiring Center in Long Beach.