Annette Szaley v. Pima County

MEMORANDUM

Plaintiff Annette Szaley appeals the district court’s grant of summary judgment in favor of Defendant Pima County under Title VII and the Equal Pay Act of 1963. We review de novo, Dietrich v. John As cuaga’s Nugget, 548 F.3d 892, 896 (9th Cir.2008), and we affirm.

1. The district court permissibly deemed Defendant’s statement of facts to be true because Plaintiff failed to comply with Local Rule 56.1(b). See Local Rule 56.1(b) (requiring that the non-moving party file a statement of facts that, paragraph by paragraph, states whether it disputes each paragraph of the moving party’s statement of facts).

2. Summary judgment was proper on both the Equal Pay Act claim and the Title VII claim because the work of the proposed comparator, James Casanova, was not substantially equal to Plaintiffs work. See Stanley v. Univ. of S. Cal., 178 F.3d 1069, 1074 (9th Cir.1999) (holding that, to establish a prima facie Equal Pay Act claim, the plaintiff must show that the jobs being compared are “substantially equal”); see also Forsberg v. Pac. Nw. Bell Tel. Co., 840 F.2d 1409, 1414 (9th Cir.1988) (holding that a plaintiff who cannot establish an Equal Pay Act claim likewise cannot…