Walker

Walker v. BRAND ENERGY SERVICES, LLC

Good Law
726 F. Supp. 2d 1091·2010 WL 2572865·2010 U.S. Dist. LEXIS 62241
United States District Court, Eastern District of CaliforniaJune 22, 2010Case CV F 09-1183 LJO DLBCalifornia7,187 words

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.

The Bakersfield…

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