Nguyen

Nguyen v. McHugh

Good Law
65 F. Supp. 3d 873·2014 WL 4182694·2014 U.S. Dist. LEXIS 118508
United States District Court, Northern District of CaliforniaAugust 22, 2014Civil Case No. 13-CV-01847-LHKCalifornia16,132 words

Opinion

Lead Opinion

Koh, J.

*879 ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT; DENYING PLAINTIFF’S PARTIAL MOTION FOR SUMMARY JUDGMENT

Plaintiff Dr. Huyen Nguyen (“Plaintiff’) brings this action against Defendant John McHugh (“Defendant”), who is Secretary of the Army, alleging that Defendant dis-criminatorily harassed, terminated, and declined to hire Plaintiff in violation of Title VII, 42 U.S.C. § 1981 , and the Due Process Clause. See ECF No. 1. On June 26, 2014, Defendant filed a motion for summary judgment (“Mot.”). ECF No. 75. On July 16, 2014, Plaintiff filed an opposition. ECF No. 85 (“Opp’n”). On June 27, 2014, Plaintiff filed a partial motion for summary judgment as to Defendant’s eighth affirmative defense. ECF No. 77. On July 16, 2014, Defendant filed an opposition. ECF No. 86. Pursuant to Civil Local Rule 7 — 1(b), the Court finds these matters appropriate for resolution without a hearing and hereby VACATES the hearing set for August 21, 2014. Having considered the parties’ submissions and the relevant law, the Court GRANTS Defendant’s motion for summary judgment, and DENIES Plaintiffs partial mo-' tion for summary judgment.

I. Background

A. Factual history

Plaintiff is an Asian…

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