Phillips
Phillips v. Boeing Co.
Opinion
Lead Opinion
MEMORANDUM *
Plaintiff-Appellant Acie C. Phillips, Jr. (“Phillips”) appeals the district court’s grant of summary judgment for the Boeing Company (“Boeing”). Phillips filed an action for money damages that alleged, inter alia, age discrimination in violation of the California Fair Employment and Housing Act (“FEHA”). We conclude that there are genuine issues of material fact regarding whether Boeing’s proffered nondiscriminatory reason for discharge was a pretext for age discrimination. Accordingly, we reverse. The parties are familiar with the facts, so we do not recite them here.
We have jurisdiction over this matter pursuant to 28 U.S.C. § 1291 . We review a district court’s decision to grant summary judgment de novo and consider the evidence in the light most favorable to *716 Phillips, the non-moving party. See Yakutat, Inc. v. Gutierrez, 407 F.3d 1054, 1066 (9th Cir.2005). We also determine whether there are any genuine issues of material fact and whether the district court correctly applied relevant substantive law. See Olsen v. Idaho State Bd. of Medicine, 363 F.3d 916 , 922 (9th Cir.2004); Fed.R.Civ.P. 56(c).