Garcia

ORDER GRANTING IN PART DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT (DOC. 23)

Plaintiff is proceeding with a civil action in this Court. The matter has been referred to the Magistrate Judge for all proceedings, including the entry of final judgment, pursuant to 28 U.S.C. § 636 (c), Fed. R.Civ.P. 73(b), and Local Rule 73-301.

I. Background

By stipulated order dated October 26, 2004, Judge Wanger granted Defendant Ray Heid’s motion to dismiss the first claim for relief alleging a violation of Title VII against him because the Ninth Circuit had ruled that supervisors and co-workers who are not otherwise employers may not be individually liable for Title VII violations, subject to the Ninth Circuit’s reversing its ruling before judgment is entered in this case. Judge Wanger also granted the motion of Defendant Los Banos Unified School District (LB), a public school district and employer, to dismiss the second claim for relief against it (a claim pursuant to California’s Fair Employment and Housing Act) because the district had Eleventh Amendment immunity.

Thus, the first amended complaint (FAC) filed on October 4, 2004, alleges 1) in the first claim a violation of Title VII against LB…