Noyes

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

LYNN NOYES,  No. 04-17050 Plaintiff-Appellant, D.C. No. v.  CV-S-02-02685- KELLY SERVICES, a corporation, GEB/PAN Defendant-Appellee.  OPINION

Appeal from the United States District Court for the Eastern District of California Garland E. Burrell, District Judge, Presiding

Argued and Submitted November 15, 2006—San Francisco, California

Filed May 29, 2007

Before: Procter Hug, Jr. and M. Margaret McKeown, Circuit Judges, and Barry Ted Moskowitz,* District Judge.

Opinion by Judge McKeown

*The Honorable Barry Ted Moskowitz, United States District Judge for the Southern District of California, sitting by designation. COUNSEL

M. Catherine Jones, Law Office of M. Catherine Jones, Nevada City, California, for the plaintiff-appellant.

Tyler M. Paketau, Winston & Strawn LLP, San Francisco, California, for the defendant-appellee.

OPINION

McKEOWN, Circuit Judge:

In this employment discrimination case, we address the plaintiff’s burden to raise a triable issue of fact as to pretext…