Clifford Merlo v. Robert L. Wilkie

I. INTRODUCTION

17 Plaintiff Dr. Clifford Merlo brings this action against Defendant Denis 18 McDonough, Secretary of Veterans Affairs, U.S. Department of Veterans Affairs (the 19 “VA”), alleging the VA discriminated against him on the basis of his age in violation 20 of the Age Discrimination in Employment Act, 29 U.S.C. § 621 (“ADEA”). (First 21 Am. Compl. (“FAC”) ¶ 1, ECF No. 17.) Dr. Merlo also claims the VA retaliated 22 against him in violation of the ADEA for his complaints relating to the alleged age 23 discrimination. (Id.) The VA moves for summary judgment on Dr. Merlo’s claims. 24 (Mot. Summ. J. (“Mot.” or “Motion”), ECF No. 63.) For the reasons discussed below, 25 the Court GRANTS the VA’s Motion.1 26

28 1 Having carefully considered the papers filed in connection with the Motion, the Court deemed the matter appropriate for decision without oral argument. Fed. R. Civ. P. 78; C.D. Cal. L.R. 7-15. Case 2:19-cv-05078-ODW-JC Document Filed 03/25/ Page 2 of Page ID #:3849

II. BACKGROUND The following facts are undisputed unless otherwise noted. Dr. Merlo, born in 1953, was a radiation …