Gardner

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 BRETT GARDNER, Case No. 20-cv-2172-MMA (RBB)

Plaintiff,

ORDER GRANTING IN PART AND

v. DENYING IN PART DEFENDANT’S

MOTION FOR SUMMARY

KENNETH J. BRAITHWAITE,

JUDGMENT

Secretary, Department of the Navy, Defendant. [Doc. No. 28] 16 17 Plaintiff Brett Gardner (“Plaintiff”) brings this action against Defendant Carlos Del Toro,1 in his official capacity as the Secretary of the Department of the Navy, (“Defendant”) asserting (1) race, national origin, and/or ancestry discrimination; and (2) retaliation pursuant to Title VII of the Civil Rights Act of 1964 (“Title VII”), 42 U.S.C. § 2000e, et seq. See Doc. No. 1 (“Compl.”). Defendant moves for summary judgment in its entirety. See Doc. No. 28. Plaintiff filed an opposition, to which Defendant replied. See Doc. Nos. 35, 36. The Court found this matter suitable for determination on the papers and without oral argument pursuant to Civil Local Rule

27 1 Carlos Del Toro is…