Lappin

Lappin v. Laidlaw Transit Inc.

Good Law
179 F. Supp. 2d 1111·2001 WL 1658408·83 Empl. Prac. Dec. (CCH) 41,127·2001 U.S. Dist. LEXIS 21437
United States District Court, Northern District of CaliforniaDecember 18, 2001C 00-2823 SICalifornia6,740 words

Opinion

Opinion

Illston, J.

ORDER GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT

On December 14, 2001, the Court heard argument on defendants’ motion for summary judgment. Having carefully considered the arguments of the parties and the papers submitted, the Court hereby GRANTS defendants’ motion for the reasons set forth below.

BACKGROUND

Plaintiff Julia Lappin (“Lappin”) was employed as a bus driver by defendant Laidlaw Transit, Inc. (“Laidlaw”), between November 1997 and October 1999. Laid-law provides bus transportation services for children in the City and County of San Francisco. Declaration of Robert Gonzalez, 2:5-6. During her employment at Laidlaw, Lappin was a member of the United Transportation Union Local 1741 (“UTU”), and was subject to the collective bargaining agreement between Laidlaw and UTU. Complaint, ¶¶ 13, 15. Defendants Donald Brown (“Brown”) and Donald Choy (“Choy”) were co-workers of Lappin, also employed as bus drivers, and were members of UTU during all relevant times. Lappin socialized on a regular basis with Brown and Choy, as well as other co-workers. Deposition of Julia Lappin, 332:8-333:3.

This suit is based in large part on an altercation between Lappin and Brown that…

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