Thompson

Thompson v. DeLallo's Italian Foods, Inc.

Good Law
63 F. Supp. 3d 1200·2014 WL 5514163·2014 U.S. Dist. LEXIS 154224
United States District Court, Eastern District of CaliforniaOctober 30, 2014No. 12-cv-01058-TLN-CMKCalifornia1,954 words

Opinion

Lead Opinion

Nunley, J.

ORDER

This matter is before the Court pursuant to Defendant DeLallo’s Italian Foods, Inc.’s (“Defendant”) Motion for Summary Judgment. (ECF No. 35.) Plaintiff Kevin Thompson (“Plaintiff’) opposes Defendant’s motion. (ECF No. 46.) For the reasons explained below, the court hereby DENIES Defendant’s Motion for Summary Judgment.

I. FACTUAL BACKGROUND

Plaintiff was an employee of DeLallo’s Italian Foods, Inc. (ECF No. 51, Statement of Undisputed Facts (“SUF”) ¶ 42.) Plaintiffs employment was terminated on October 31, 2011. (ECF No. 51-1, SUF ¶ 45.)

On January 9, 2012, Plaintiff filed a claim with the California Department of Fair Employment and Housing (“DFEH”) alleging discriminatory conduct by George DeLallo Co (“GDL Co.”). 2 (ECF No. 51-2, SUF ¶ 79.) The DFEH claim stated:

(ECF No. 2, Ex. A.) The DFEH issued a right-to-sue letter on January 9, 2012. (ECF No. 51-2, SUF ¶ 80.) Plaintiff filed a complaint with the Equal Employment Opportunity Commission (“EEOC”) against George DeLallo Co. on January 10, 2012. (ECF No. 51-1, SUF ¶76.) On January 31, 2012, the EEOC issued Plaintiff a “Notice of Right to Sue.” (ECF No. 51-1, SUF ¶ 77.)

On April 23, 2012, Plaintiff filed a…

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