Gardner

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

TIMOTHY GARDNER, Case No. 18-cv-07784-VC

Plaintiff,

ORDER GRANTING IN PART AND

v. DENYING IN PART DEFENDANT’S

MOTION FOR SUMMARY

CITY OF BERKELEY, JUDGMENT

Defendant. Re: Dkt. Nos. 47,

The City’s motion for summary judgment is denied as to Gardner’s age discrimination claims for the 2016 and 2017 promotion processes but granted as to all other claims. With respect to the age discrimination claims for 2016 and 2017, whether Gardner has identified enough evidence of age bias to survive summary judgment is a close question. The negative feedback provided in the roundtable comments show that command staff had consistent and significant concerns about Gardner’s attitude and on-the-ground experience. It is therefore somewhat difficult to conclude that a reasonable jury would see age bias as the but-for cause of the decisions not to promote him. Nevertheless, reviewing the record in its totality, there are too many questions of credibility and judgment to allow the Court to block these claims from going to trial. Gardner has identified multiple…