Gallagher

ORDER:

(1) ESTABLISHING CAUSATION STANDARD FOR PLAINTIFF’S ADA RETALIATION CLAIM; AND

(2) REQUESTING SUPPLEMENTAL BRIEFING.

The instant matter comes before the Court on Defendant the San Diego Unified Port District’s (“District”) Motion for Summary Judgment. (Doc. No. 91.) The District’s renewed Motion comes after the Ninth Circuit issued a memorandum decision reversing this Court’s prior grant of summary judgment to the District and entering judgment in favor of the District. The District now asserts that an intervening Supreme Court case, University of Texas Southwestern Medical Center v. Nassar,-U.S.-, 133 S.Ct. 2517 , 186 L.Ed.2d 503 (2013), renders the Ninth Circuit Mandate inapplicable to this action. Plaintiff, John Gallagher, opposes and argues the Ninth Circuit mandate is the law of the case and this Court must follow its directive. (Doc. No. 94.) The Court entertained oral arguments on April 11, 2014.

I. BACKGROUND

A. Factual Background

The District is a special district created by the California Legislature to operate, regulate, and manage the San Diego Bay. See Cal. Harb. And Nav.Code App. 1 (the “Port Act”), § 4. The District has the right and duty to regulate…