Flores
Flores v. Merced Irrigation District
Opinion
Opinion
O'Neill, J.
ORDER ON MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, SUMMARY ADJUDICATION
By notice filed on September 15, 2010, Defendant Merced Irrigation District (“MID”) seeks summary judgment or in the alternative summary adjudication pursuant to Fed.R.Civ.P. 56 on plaintiffs complaint. Plaintiff Rodrigo Flores filed an opposition to the motion on October 15, 2010. Defendant filed a reply on November 1, 2010. Pursuant to Local Rule 280(g), this matter was submitted on the pleadings without oral argument and the hearing was vacated. Having considered the moving, the opposition and the reply papers, as well as the Court’s file, the Court issues the following order.
FACTUAL BACKGROUND
Plaintiff Rodrigo Flores is a Hispanic male who has been employed by Defendant Merced Irrigation District (“MID”) since June 1, 1993. Plaintiff alleges that he earned a B.S. degree in Business and an MBA at C.S.U. Stanislaus for the specific purpose of advancing within MID. Plaintiff alleges that despite his training, education and experience, MID has refused to promote him and kept him in a manual labor position. Plaintiff alleges he suffered discrimination at MID based upon his race, and retaliation…