Asberry

MEMORANDUM *

The City of Sacramento appeals the judgment in favor of Michael Asberry following trial to a jury on his claims under the Americans with Disabilities Act and the California Fair Employment Housing Act. We affirm in part, but reverse and remand for retrial.

The City moved for summary judgment under Fed.R.Civ.P. 56(b). The district court issued a written decision, in which (among other things) a narrative of facts was set out in a section captioned “UNDISPUTED FACTS.” The order denied the motion except in so far as it pertained to Asberry’s retaliation and harassment claims; dismissed those claims for lack of *890 jurisdiction except to the extent the retaliation claim was premised on denial of a pay increase; and granted the City’s motion on the retaliation claim to the extent it was premised on denial of a pay increase. Neither party moved for partial adjudication under Rule 56(d), or pursuant to Local Rule 56 — 260(f), for an order specifying facts to be without substantial controversy. Nor did the district court’s decision or order indicate that it was based on Rule 56(d).

Albeit after some travail, the parties submitted a joint pretrial statement containing a…