Novak

MEMORANDUM *

Plaintiff-appellant Kenneth E. Novak appeals the district court’s summary judgment in favor of his former employer, the Secretary of the United States Navy, on claims of discrimination and unlawful retaliation under the Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621 et seq., and his claim for intentional infliction of emotional distress under the Federal Tort Claims Act (FTCA), 28 U.S.C. 1346(b). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm in part and reverse in part.

The district court correctly granted summary judgment for the Secretary on Novak’s retaliation and FTCA claims. Novak’s FTCA claim is preempted by the Civil Service Reform Act (CSRA), see 5 U.S.C. § 2302 (a)(2)(A)©-(xi); Ma ngano v. United States, 529 F.3d 1243, 1247 (9th Cir.2008). His retaliation claims fail because he has proffered no evidence establishing a “causal link between ... [his] protected activity and [an] adverse employment action.” Poland v. *673 Chertoff, 494 F.3d 1174, 1179-80 (9th Cir. 2007) (internal quotation marks omitted). The time lapse between Novak’s protected conduct and his June 2002 reassignment to Code 270.4 is too long to support an inference…

concurring in part, dissenting in part:

I agree that the district court properly granted summary judgment on Novak’s claims of retaliation and intentional infliction of emotional distress, but I would also uphold the judgment with respect to his discrimination claim on the arguments made to, and for the reasons stated by, the district court.