Marcus Simpson v. Cal Poly Pomona et al

Filing 39

JUDGMENT RE: DEFENDANTS THE BOARD OF TRUSTEES OF THE CALIFORNIA STATE UNIVERSITY, SORAYA COLEY, CHRISTINA GONZALES, JOSEPH CASTRO, SCOTT VANSCOY, AND YSABEL D. TRINIDAD by Judge Andre Birotte Jr, in favor of The Board of Trustees of the California State University Which is the State of California Acting in its Higher Education Capacity, Christina Gonzales, Joseph Castro, Scott Vanscoy, Soraya M Coley, Ysabel Trinidad against Marcus Simpson Related to: Notice of Lodging 38 (SEE DOCUMENT FOR FURTHER DETAILS.) (MD JS-6, Case Terminated). (rolm)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION 10 11 MARCUS SIMPSON, Plaintiff, 12 13 v. 14 (1) CAL POLY POMA, (2) THE TRUSTEES OF THE CALIFORNIA 15 STATE UNIVERSITY, (3) SORAYA COLEY, INDIVIDUALLY (4) 16 CHRISTINA GONZALES, INDIVIDUALLY (5) JOSEPH 17 CASTRO, INDIVIDUALLY, (6) SCOTT VANSCOY, INDIVIDUALLY 18 (7) YSABEL D. TRINIDAD, INDIVIDUALLY, AND (8) DOES 119 10, 20 Case No. 2:23-cv-02842-AB-PVC [PROPOSED] JUDGMENT RE: DEFENDANTS THE BOARD OF TRUSTEES OF THE CALIFORNIA STATE UNIVERSITY, SORAYA COLEY, CHRISTINA GONZALES, JOSEPH CASTRO, SCOTT VANSCOY, AND YSABEL D. TRINIDAD Judge: Hon. André Birotte, Jr. Crtrm: 7B Trial Date: January 27, 2025 Defendants. 21 22 23 24 25 26 27 28 1 Case No. 2:23-cv-02842-AB-PVC [[PROPOSED] JUDGMENT RE: DEFENDANTS 1 On September 27, 2024, the Court heard oral argument on the Motion for 2 Summary Judgment, or in the alternative, Partial Summary Judgment, filed by 3 Defendant The Board of Trustees of the California State University, which is the State 4 of California Acting in its Higher Education Capacity [erroneously sued as Cal Poly 5 Pomona and The Trustees of the California State University], and Defendants Soraya 6 Coley, Christina Gonzales, Joseph Castro, Scott VanScoy, and Ysabel D. Trinidad 7 (collectively, “Defendants”). 8 The Court having read and duly considered the moving, opposing, and reply 9 documents, and having duly considered all evidence presented in connection 10 therewith, enters the following Judgment: 11 1. Defendants are entitled to summary judgment on Plaintiff’s First Cause 12 of Action for Retaliation in Violation of California Labor Code section 1102.5. 13 2. Defendants are entitled to summary judgment on Plaintiff’s Second 14 Cause of Action for Retaliation in Violation of 42 U.S.C. section 1983. 15 3. Defendants are entitled to summary judgment on Plaintiff’s Third 16 Cause of Action for Retaliation in Violation of California Government Code section 17 3571, Higher Education Employer-Employee Relations Act (“HEERA”). 18 19 Having now granted the Motion for Summary Judgment in favor of all 20 Defendants, finding that there is no triable issue as to any material fact and that 21 Defendants are entitled to judgment as a matter of law as to the entirety of Plaintiff’s 22 First Amended Complaint, the Court is now prepared to enter judgment. 23 24 IT IS HEREBY ORDERED, DECREED, AND ADJUDGED THAT: 25 Judgment be entered in favor of Defendants and against Plaintiff, as follows: 26 1. That judgment shall be in favor of Defendant The Board of Trustees of 27 the California State University, which is the State of California Acting in its Higher 28 Education Capacity [erroneously sued as Cal Poly Pomona and The Trustees of the Case No. 2:23-cv-02842-AB-PVC 2 [[PROPOSED] JUDGMENT RE: DEFENDANTS 1 California State University], and Defendants Soraya Coley, Christina Gonzales, 2 Joseph Castro, Scott VanScoy, and Ysabel D. Trinidad and against Plaintiff Marcus 3 Simpson. 4 2. That Plaintiff shall take nothing by way of his First Amended Complaint, 5 nor any claims and causes of action asserted by Plaintiff therein, as against 6 Defendants. 7 3. That reasonable costs shall be awarded to Defendants pursuant to Federal 8 Rule of Civil Procedure 54. 9 10 DATED: October 25, 2024 11 12 ________________________________ HONORABLE ANDRÉ BIROTTE, JR. UNITED STATES DISTRICT COURT 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 Case No. 2:23-cv-02842-AB-PVC [[PROPOSED] JUDGMENT RE: DEFENDANTS

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