Payne

RadLee Payne, a former employee of Nor-west Corporation, appeals from the magistrate judge’s summary judgment in favor of Norwest. The magistrate judge had jurisdiction under 28 U.S.C. § 636 (e)(1). We have jurisdiction over this timely appeal pursuant to 28 U.S.C. § 1291 . We affirm in part, reverse in part, and remand.

I

Norwest terminated Payne on February 9, 1994, alleging insubordination. Payne asserts that Norwest’s true motivation for firing him was not insubordination, but retaliation for his filing complaints of race, gender, age, and disability discrimination with the Montana Human Rights Commission (MHRC). Payne also alleges that Norwest terminated him due to his race, gender, age, and disability. The summary judgment dis *1080 posed of all of Payne’s discrimination and retaliation claims. Payne v. Norwest Corp., 911 F.Supp. 1299 (D.Mont.1995) {Payne). In unpublished orders, the magistrate judge also ruled in favor of Norwest on a series of evidentiary issues. We review a summary judgment de novo. Bagdadi v. Nazar, 84 F.3d 1194, 1197 (9th Cir.1996).

II

We affirm the magistrate judge with one exception: Payne’s retaliation claim. We agree with the magistrate…