Sibbald

Sibbald v. Johnson

Good Law
294 F. Supp. 2d 1173·2003 WL 22885397·2003 U.S. Dist. LEXIS 22084
United States District Court, Southern District of CaliforniaDecember 1, 200302CV2186JM(JMA)California3,207 words

Opinion

Opinion

Miller, J.

ORDER GRANTING MOTION FOR SUMMARY JUDGMENT

Defendant moves to dismiss the complaint or, in the alternative, for summary judgment on the ground that Plaintiff is not a federal employee within the meaning of Title VII. Plaintiff Carol Sibbald opposes the motion. Pursuant to Local Rule 7.1(d)(1) this matter is appropriate for decision without oral argument. For the reasons set forth below, the court grants Defendant’s motion for summary judgment.

BACKGROUND

On November 5, 2002 Plaintiff commenced this action against the Secretary of the Navy (“Navy”) alleging that she suffered work-place gender discrimination, retaliation, and due process violations all in violation of Title VII. Plaintiff alleges that an employee of Defendant, Rodolfo Recaí-do, “subjected her to sexually offensive conduct including continuous pressure to take her out on a date and on October 24, 2000 he kissed her without her consent.” (ComplY 6). Plaintiff allegedly complained to her supervisors and, on November 13, 2000, she was terminated. The following facts complement the complaint’s allegations and are taken from the eviden-tiary submissions of the parties.

In June 1999 the General Services Administration…

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