Lorenzo

I. BACKGROUND

20 On June 17, 2019, Plaintiff initiated this action by filing a Complaint against Patrick 21 Shanahan, the Acting Secretary of the Department of Defense. (ECF No. 1). In the 22 23 24 1 On January 22, 2021, Lloyd J. Austin III became Secretary of Defense. Pursuant to Federal Rule of Civil Procedure 25(d), Secretary Austin is automatically substituted as Defendant.

2 Prior to filing the Complaint, Plaintiff filed an administrative complaint and received an adverse final decision from the Equal Employment Opportunity Commission (EEOC). Plaintiff filed the Complaint within the 90-day window after Plaintiff’s receipt of the EEOC decision, as required by 42 U.S.C. § 2000e- 16(c). 28 Complaint, Plaintiff alleges three causes of action as a result of his termination: (1) discrimination on the basis of race and national origin under Title VII of the Civil Rights Act; (2) discrimination on the basis of age under the Age Discrimination in Employment Act; and (3) discrimination on the basis of disability under the Rehabilitation Act.3 The parties engaged in fact discovery. On July 26, 2021, Defendant filed a Motion for Summary…