Phillips-Kerley

I. BACKGROUND

27 A. Relevant Allegations As alleged in the 3AC, Phillips-Kerley was a permanent employee of the Fresno Fire Department during the period of time relevant to this action. Doc. No. 64 ¶¶ 9-12. In August 2010, an incident involving the laundering of towels belonging to Phillips-Kerley at the fire station where he worked triggered a series of retaliatory actions against Phillips-Kerley spanning several years and multiple Fresno fire stations. See Doc. No. 64, Statement of Facts. Of relevance to this motion, Phillips-Kerley alleges that he was “ordered to complete a ‘Tardy Report Form’ ” in April 2011 acknowledging “an alleged instance of tardiness.” Doc. No. 64 ¶ 26. In September 2011, Phillips-Kerley received an “Intent to Suspend” recommending a five-shift suspension for the supposed tardiness reflected in the Tardy Report Form. Id. ¶ 28. In November 2011, a hearing was held at which Phillips-Kerley had counsel and an agreement was reached that Phillips-Kerley would pay a $100 fine instead of serving the five-shift suspension. Id. ¶¶ 28, 29. In December 2011, a decision was issued stating that Phillips-Kerley…