Nielsen

Nielsen v. TROFHOLZ TECHNOLOGIES, INC.

Good Law
750 F. Supp. 2d 1157·2010 WL 4514227·2010 U.S. Dist. LEXIS 116507
United States District Court, Eastern District of CaliforniaNovember 2, 2010CIV. 2:09-960 WBS KJNCalifornia6,075 words

Opinion

Opinion

Shubb, J.

MEMORANDUM AND ORDER RE: MOTION FOR SUMMARY JUDGMENT

Plaintiff Jason Nielsen brought this action alleging that defendants Trofholz Technologies, Inc. (“TTI”), Andrew Parker, Brenna Pedone, Yvonne Glenn, and Troy Glenn discriminated against him based on gender and disability, retaliated against him, created a hostile work environment, and wrongfully terminated him. Defendants now move for summary judgment on all claims pursuant to Federal Rule of Civil Procedure 56.

I. Standard

Summary judgment is proper “if the pleadings, the discovery and disclosure materials on file, and any affidavits show that there is no genuine issue as to any material fact and that the movant is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(c). A material fact is one that could affect the outcome of the suit, and a genuine issue is one that could permit a reasonable jury to enter a verdict in the non-moving party’s favor. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 , 106 S.Ct. 2505 , 91 L.Ed.2d 202 (1986). The party moving for summary judgment bears the initial burden of establishing the absence of a genuine issue of material fact and can satisfy this burden by presenting evidence that…

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