Scott Teutscher v. Riverside Sheriffs Association
Opinion
Opinion
ORDER
Appellee Riverside Sheriffs’ Association Legal Defense Trust’s Petition for Rehearing filed on June 29, 2012 is granted, without further oral argument.
The memorandum disposition filed on June 25, 2012 is replaced. We file an amended memorandum disposition concurrently with this order.
No further petitions shall be entertained.
AMENDED MEMORANDUM
Plaintiff-Appellant Scott Teutscher (Teutscher) appeals from the district court’s order granting summary judgment to the defendants. Because the parties are familiar with the factual and procedural history of this case, we repeat only those facts necessary to resolve the issues raised on appeal. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm in part and reverse in part.
We reverse the district court’s grant of summary judgment on Teutscher’s retaliation claim under the Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1001 et seq. To survive summary judgment at the pretext stage, a plaintiff “must produce sufficient evidence to raise a genuine issue of material fact as to whether the employer’s proffered nondiscriminatory reason is merely a pretext for discrimination.” Dominguez-Curry v. Nev.…