McDonough

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MARVELL LAVY, No. 2:21-cv-01590 DJC AC PS Plaintiff, v. FINDINGS AND RECOMMENDATIONS DENIS R. McDONOUGH, Defendant. 16 Plaintiff is proceeding in this action in pro se and the case was accordingly referred to the undersigned by Local Rule 302(c)(21). Defendant moves for summary judgment, arguing that plaintiff’s claims are barred by judicial estoppel. ECF No. 36. Plaintiff opposes the motion. ECF No. 39. Defendant replied. ECF No. 39. For the reasons explained below, defendant’s motion should be GRANTED. I. Complaint and Procedural Background Plaintiff filed a complaint seeking relief for alleged employment discrimination in violation of Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act of 1990, based on her experience as an employee at the Department of Veterans Affairs, Network Contracting Office 21, in McClellan, California. ECF No. 1 at 3. Plaintiff…