(PS) Johnston v. City of Red Bluff, et al, No. 2:2009cv01353 - Document 105 (E.D. Cal. 2013)
Court Description: ORDER signed by Chief Judge Morrison C. England, Jr. on 4/26/2013 ORDERING that the 102 Findings and Recommendations are ADOPTED IN FULL. Defendants' 93 Motion for Summary Judgment is construed as a motion for summary adjudication and, so c onstrued, is GRANTED IN PART and DENIED IN PART. Summary adjudication is GRANTED in favor of all individual Defendants on all claims. Summary adjudication is GRANTED in favor of Defendant City of Red Bluff on all claims except Plaintiff's ADEA claim based on failure to promote, which shall proceed to trial. (Zignago, K.)
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(PS) Johnston v. City of Red Bluff, et al Doc. 105 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 SCOTT JOHNSTON, Plaintiff, 12 13 14 15 v. ORDER CITY OF RED BLUFF, et al., Defendants. / 16 17 No. 2:09-cv-01353-MCE-CMK Plaintiff brings this civil action under the Age Discrimination in Employment Act 18 (“ADEA”), 29 U.S.C. §§ 621-634, against the City of Red Bluff and various of its employees. 19 The matter was referred to a United States Magistrate Judge pursuant to Eastern District of 20 California local rules. 21 On February 13, 2013, the Magistrate Judge filed findings and recommendations herein 22 (ECF No. 102) which were served on the parties and which contained notice that the parties may 23 file objections within a specified time. Plaintiff filed timely objections to the findings and 24 recommendations. (ECF No. 103.) 25 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304(f), 26 this Court has conducted a de novo review of this case. Having carefully reviewed the entire 1 Dockets.Justia.com 1 file, the Court finds the findings and recommendations to be supported by the record and by 2 proper analysis. 3 4 Accordingly, IT IS HEREBY ORDERED that: 1. 2013, are ADOPTED IN FULL; 5 6 The Findings and Recommendations (ECF No. 102) filed February 13, 2. Defendants’ Motion for Summary Judgment (ECF No. 93) is construed as 7 a motion for summary adjudication and, so construed, is GRANTED IN 8 PART and DENIED IN PART; 9 3. on all claims; and 10 11 Summary adjudication is GRANTED in favor of all individual Defendants 4. Summary adjudication is granted in favor of Defendant City of Red Bluff 12 on all claims except Plaintiff’s ADEA claim based on failure to promote, 13 which shall proceed to trial. 14 15 Date: April 26, 2013 16 _____________________________________ 17 18 ___________________________________________ MORRISON C. ENGLAND, JR., CHIEF JUDGE UNITED STATES DISTRICT COURT 19 20 21 22 23 24 25 26 2
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