Salazar

MEMORANDUM AND ORDER GRANTING DEFENDANT’S MOTION FOR PARTIAL SUMMARY JUDGMENT

Now before the Court is the defendant’s Motion for Partial Summary Judgment under Federal Rule of Civil Procedure 56(c). After carefully considering the papers submitted by the par-ties and having had the benefit of oral argument on October 27, 2000, the Court GRANTS the defendant’s Motion for Partial Summary Judgment on the first cause of action, violation of the Fair Credit Reporting Act, 15 U.S.C. § 1681 .

BACKGROUND

A. Undisputed Material Facts

On September 21, 1999, the plaintiff Shane Salazar was summoned into the office of the General Manager for the defendant Golden State Warriors, and was terminated from his employment as the Warrior’s equipment manager. The defendant terminated the plaintiff based upon its review of a videotape and report prepared by Noesis, a firm which specializes in performing private investigative services.

The defendant retained Noesis in order to learn whether rumors of the plaintiffs drug use were true. Noesis assigned two investigators who engaged in surveillance of the plaintiff: 1) outside his residence; 2) while driving his automobile; 3) around the Bay Area;…