Marvin L. Stewart v. David Shulkin

I. INTRODUCTION

19 Plaintiff Marvin L. Stewart, proceeding pro se, brings this age discrimination 20 action against Defendant Robert Wilkie, Secretary, Department of Veteran Affairs 21 (“VA”). (Third Am. Compl. (“TAC”) ¶¶ 66–77, ECF No. 17.) Both parties move for 22 summary judgment. (Stewart Mot. Summ J. (“Stewart Mot.”), ECF No. 43; VA Mot. 23 Summ J. (“VA Mot.”), ECF No. 60.) For the following reasons, the Court DENIES 24 Stewart’s Motion for Summary Judgment and GRANTS the VA’s Motion for 25 Summary Judgment.1 26

1 After considering the papers filed in connection with the Motions, the Court deems the matter 27 appropriate for decision without oral argument. Fed. R. Civ. P. 78(b); C.D. Cal. L.R. 7-15. 28 Accordingly, the Court previously vacated the hearing on Stewart’s Motion and hereby also VACATES the February 3, 2020 hearing on the VA’s Motion. 1 II. BACKGROUND 2 The following undisputed facts find support in the record.2 3 Stewart worked for the VA as a Contracting Officer from June 1985 to April 4 1986. (VA Statement of Genuine Issues (“VA SGI”) 5, ECF No. 52.) He returned to 5 the VA…