Barr v. Laboratory Corporation of America Holdings

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 NANCY BARR, Case No.: 19-cv-1887-MMA (MDD)

NOTICE AND ORDER REQUIRING

Plaintiff, SUPPLEMENTAL BRIEFING RE: v. DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

LABORATORY CORPORATION OF

AMERICA HOLDINGS, et al., [Doc. No. 26] 15 Defendants. 16 17 On March 22, 2021, Defendant Laboratory Corporation of America Holdings (“Labcorp”) filed a motion for summary judgment. Labcorp seeks summary judgment on all four of Plaintiff’s claims. In briefing the first cause of action—a claim for retaliation under California Labor Code § 1102.5(b)—Labcorp assumed, for the sole purpose of summary judgment, that Plaintiff was an employee of Labcorp. See Doc. No. 26 at 17 n.2. That said, the parties dispute Plaintiff’s status as an employee versus an independent contractor. Compare id.; with Doc. No. 47 at 9. The distinction is important, and the issue is ripe for adjudication. As a threshold 26…