Schmidt et al v. Shasta County Marshal's Office et al
Filing
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ORDER signed by District Judge Morrison C. England, Jr. on 09/12/17 DENYING defendant's 64 Motion for Reconsideration. (Benson, A.)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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JAIME SCHMIDT, DEBRA KNOWLES,
ELIZABETH SAMPSON, and RYAN
HENRIOULLE,
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Plaintiffs,
MEMORANDUM AND ORDER
v.
SHASTA COUNTY MARSHAL’S
OFFICE and JOEL DEAN,
Defendants.
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No. 2:14-cv-02471-MCE-CMK
In this action, Plaintiffs—three former and one current employee of Defendant
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Shasta County Marshal’s Office (“SCMO”)—brought several claims against the SCMO
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based on alleged sexual discrimination they suffered while working there. On February
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21, 2017, the Court granted Defendants’ Motion for Summary Judgment, ECF No. 48,
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based mainly on Plaintiffs’ failure to demonstrate that the harassment they received was
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based on sex. Plaintiffs then filed a Motion for Reconsideration of the summary
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judgment order, ECF No. 51, in which Plaintiffs claimed the Court committed clear error.
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That motion was denied in part and granted in part, allowing one Plaintiff’s retaliation
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claims to proceed. Defendants now bring a Motion for Reconsideration of that order.
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ECF No. 64. For the reasons that follow, that motion is DENIED.1
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Because oral argument would not have been of material assistance, the Court ordered this
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BACKGROUND
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Plaintiffs Jaime Schmidt, Elizabeth Sampson, and Ryan Henrioulle are former
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employees of the SCMO, while Plaintiff Debra Knowles is a current employee. Schmidt,
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Sampson, and Knowles all claim to have been harassed by their boss, Defendant Joel
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Dean, once he was promoted to sergeant. All three brought claims against Defendants
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based on a hostile work environment theory, as well as claims of retaliation. Plaintiff
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Henrioulle brought only a retaliation claim, alleging that he had been terminated in
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retaliation for standing up for Schmidt, Sampson, and Knowles.
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On August 25, 2016, Defendants moved for summary judgment, ECF No. 25,
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arguing that the undisputed evidence showed that the claims made against them were
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meritless. Plaintiffs sought and received leave for an extension of time to file an
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opposition to that motion, filing an opposition on October 6, 2016, and an amended
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opposition the next day. See ECF Nos. 32, 34, 36, 39–40. The Court ultimately granted
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Defendant’s motion for summary judgment on all claims on February 21, 2017. ECF
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No. 48. The Court found that Plaintiffs failed to demonstrate that the harassment they
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suffered was because of sex. Feb. 21, 2017 Mem. & Order, ECF No. 48, at 10. The
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Court noted that Plaintiffs “fail[ed] to . . . provide a legal theory to support a finding that
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the harassment was because Plaintiffs are women.” Id. at 14. Instead, Plaintiffs’
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opposition consisted mainly of a recitation of facts. Accordingly, the Court analyzed
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Plaintiffs’ claims according to two theories that fit best with those facts, but found the
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evidence provided was insufficient as a matter of law to establish that Plaintiffs suffered
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harassment “because of sex.” See id. at 11–15. The Court also granted summary
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judgment on Plaintiffs’ retaliation claims on the basis that they failed to show Defendants
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violated Title VII. Id. at 15.
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Plaintiffs then filed a Motion for Reconsideration, contending the Court committed
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clear error in analyzing their claims. The Court granted the motion in part, agreeing that
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matter submitted on the briefs. See E.D. Cal. Local R. 230(g).
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it applied the wrong standard to Plaintiff’s retaliation claims. June 20, 2017 Mem. &
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Order, ECF No. 62, at 8–9. However, the undisputed facts demonstrated that only
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Schmidt’s retaliation claims could survive summary judgment, so the Motion for
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Reconsideration was granted only as to those claims. Id. at 9.
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STANDARD
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A motion for reconsideration is properly brought pursuant to either Federal Rule of
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Civil Procedure 59(e) or Rule 60(b). Taylor v. Knapp, 871 F.2d 803, 805 (9th Cir. 1989).
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A motion for reconsideration is treated as a Rule 59(e) motion if filed within twenty-eight
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days of entry of judgment, but as a Rule 60(b) motion if filed more than twenty-eight
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days after judgment. See Am. Ironworks & Erectors, Inc. v. N. Am. Constr. Corp.,
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248 F.3d 892, 898–99 (9th Cir. 2001). Plaintiffs here bring a timely Rule 59(e) motion.
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A court should be loath to revisit its own decisions unless extraordinary
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circumstances show that its prior decision was clearly erroneous or would work a
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manifest injustice. Christianson v. Colt Indus. Operating Corp., 486 U.S. 800, 817
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(1988). This principle is embodied in the law of the case doctrine, under which “a court
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is generally precluded from reconsidering an issue that has already been decided by the
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same court, or a higher court in the identical case.” United States v. Alexander,
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106 F.3d 874, 876 (9th Cir. 1997) (quoting Thomas v. Bible, 983 F.2d 152, 154 (9th Cir.
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1993)). Nonetheless, in certain limited circumstances, a court has discretion to
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reconsider its prior decisions.
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While Rule 59(e) permits a district court to reconsider and amend a previous
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order, “the rule offers an ‘extraordinary remedy, to be used sparingly in the interests of
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finality and conservation of judicial resources.’” Kona Enters., Inc. v. Estate of Bishop,
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229 F.3d 877, 890 (9th Cir. 2000) (quoting 12 James William Moore, et al., Moore’s
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Federal Practice § 59.30[4] (3d ed. 2000)). Indeed, a district court should not grant a
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motion for reconsideration “absent highly unusual circumstances, unless the district court
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is presented with newly discovered evidence, committed clear error, or if there is an
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intervening change in the controlling law.” 389 Orange St. Partners v. Arnold, 179 F.3d
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656, 665 (9th Cir. 1999) (citing Sch. Dist. No. 1J v. ACandS, Inc., 5 F.3d 1255, 1263 (9th
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Cir. 1993)). Mere dissatisfaction with the court’s order, or belief that the court is wrong in
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its decision, is not grounds for relief under Rule 59(e). Twentieth Century-Fox Film Corp.
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v. Dunnahoo, 637 F.2d 1338, 1341 (9th Cir. 1981).
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Additionally, Local Rule 230(j) requires a party filing a motion for reconsideration
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to show the “new or different facts or circumstances claimed to exist which did not exist
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or were not shown upon such prior motion, or what other grounds exist for the motion.”
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Finally, motions for relief from judgment pursuant to Rule 59(e) are addressed to the
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sound discretion of the district court. Turner v. Burlington N. Santa Fe R.R., 338 F.3d
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1058, 1063 (9th Cir. 2003).
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In order to succeed, a party making a motion for reconsideration pursuant to Rule
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59(e) must “set forth facts or law of a strongly convincing nature to induce the court to
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reverse its prior decision.” Pritchen v. McEwen, No. 1:10-cv-02008-JLT HC, 2011 WL
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2115647, at *1 (E.D. Cal. May 27, 2011) (citing Kern-Tulare Water Dist. v. City of
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Bakersfield, 634 F. Supp. 656, 665 (E.D. Cal. 1986), aff’d in part and rev’d in part on
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other grounds, 828 F.2d 514 (9th Cir. 1987)). A motion for reconsideration should not be
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used to raise arguments or present evidence for the first time when the arguments or
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evidence could reasonably have been raised earlier in the litigation. 389 Orange St.
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Partners, 179 F.3d at 665.
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Furthermore, “courts avoid considering Rule 59(e) motions where the grounds for
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amendment are restricted to either repetitive contentions of matters which were before
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the court on its prior consideration or contentions which might have been raised prior to
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the challenged judgment.” Costello v. United States, 765 F. Supp. 1003, 1009 (C.D. Cal.
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1991); see also Taylor, 871 F.2d at 805. This position stems from the district courts’
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“concerns for preserving dwindling resources and promoting judicial efficiency.”
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Costello, 765 F. Supp. at 1009. Rule 59(e) and motions for reconsideration are
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therefore not intended to “give an unhappy litigant one additional chance to sway the
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judge.” Frito-Lay of P.R., Inc. v. Canas, 92 F.R.D. 384, 390 (D.P.R. 1981) (quoting
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Durkin v. Taylor, 444 F. Supp. 226, 233 (N.D. Ohio 1967)).
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ANALYSIS
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Defendants claim that the Court committed clear error in two ways: (1) focusing
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only on the first element of a prima facie retaliation claim and failing to “consider whether
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Schmidt proffered sufficient evidence to show the two other elements of a prima facie
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case of retaliation”; and (2) failing to “assess whether she could show Defendant[s’]
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legitimate, non-retaliatory reasons for the various personnel actions with which she takes
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issue were pretext for retaliation.” Mot. for Recons., at 2. Neither of these arguments,
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however, demonstrates that the Court committed any clear error that would serve a
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basis for reconsideration.
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First, Defendants are incorrect in stating that the Court failed to consider all three
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elements of a prima facie retaliation claim. “The elements of a prima facie retaliation
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claim are, (1) the employee engaged in a protected activity, (2) an employee suffered an
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adverse employment action, and (3) there was a causal link between the protected
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activity and the adverse employment action.” Davis v. Team Elec. Co., 520 F.3d 1080,
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1093–94 (citing Villiarimo v. Aloha Island Air, Inc., 281 F.3d 1054, 1064 (9th Cir. 2002)).
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In order to show that the employee engaged in a protected activity, the plaintiff must
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show only that she had “a ‘reasonable belief’ that the employment practice she protested
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was prohibited under Title VII.” Trent v. Valley Elec. Ass’n, 41 F.3d 524, 526 (9th Cir.
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1994). It was this prong that the Court focused on in addressing Plaintiffs’ Motion for
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Reconsideration. See June 20, 2017 Mem. & Order, ECF No. 62, at 8–9.
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The Court, however, also noted that “Plaintiffs have provided evidence that the
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harassment they suffered increased as a result of their internal complaints.” Id. at 9.
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This clearly addressed the “adverse employment action” prong—“the harassment they
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suffered increased”—and the “causal link” prong—“as a result of their internal
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complaints.” Though the order did not go into extensive detail, it did provide an example
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of the evidence the Court relied upon: “For example, Henrioulle testified that after Dean
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was cleared of wrongdoing, Dean stated that ‘[i]t’s [my] turn to get them.” Id. (alterations
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in original).
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To show an adverse employment action, the plaintiff must only show “adverse
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treatment that is . . . reasonably likely to deter the charging party or others from
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engaging in protected activity.” Burlington N. & Santa Fe Ry. v. White, 548 U.S. 53, 61
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(2006). Plaintiffs provided evidence that, after internal investigation spurred by their
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complaints was completed, Schmidt was subject to increased scrutiny, e.g., Dep. of
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Becky Baldwin Bassett, ECF No. 37-5, at 18:8–19:2, 83:20–84:1; Decl. of Joanna Bland,
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ECF No. 37-4, ¶ 11; Dep. of Debra Hubbard, ECF No. 38-9, at 12:6–17; Dep. of Chris
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Reagan, ECF No. 37-2, at 51:12–17, she was denied the chance given to others to
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follow the judge in his or her courtroom when the judge moved departments, Dep. of
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Jaime Schmidt, ECF No. 38-3, at 223:19–25, 227:4–11, 228:2–20, and Defendants
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made it acceptable for other employees to openly disparage her, id. at 270:20–271:11;
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Dep. of Chris Reagan, at 146:7–20; 167:5–9. This evidence creates a genuine issue as
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to whether Defendants’ treatment of Schmidt would be reasonably likely to deter future
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internal complaints.
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Defendants contend that increased scrutiny is not sufficiently adverse as a matter
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of law to support a retaliation claim. See Mot. for Recons., at 8–10. Defendants cite, for
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example, Mendoza v. Kindred Healthcare Operating, Inc., No. 11-cv-00666-YGR,
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2012 WL 2055007 (N.D. Cal. June 5, 2012), in which the court found that “stop[ping]
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speaking to Plaintiff and plac[ing] him under close scrutiny” was insufficient to fulfill the
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adverse action prong of a retaliation claim, id. at *12. However, the conduct at issue
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there was of a different character than in the instant case. There, “Plaintiff . . . identified
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two times where [his boss] questioned his [work], and generally assert[ed] [two
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supervisors] watched him.” Id. Here, Schmidt has provided evidence that she was
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placed under increased scrutiny with an aim to “get” her. Defendants provide no
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authority that undermines the Court’s conclusion that evidence of increased scrutiny
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coupled with evidence of an intent to remove the employee in question is sufficient to
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survive summary judgment such that it could be considered the kind of clear error
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required for reconsideration.
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Defendants also contend that Dean’s statement that “[i]t’s [my] turn to get them” is
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insufficient to establish causation. Once again, though, Defendants provide no authority
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that demonstrates it was clear error to find such evidence created a genuine issue as to
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causation. Defendants’ argument that it was a “stray remark” that “is entitled to virtually
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no weight,” Mot. for Recons., at 13 (quoting Horn v. Cushman & Wakefield W., Inc.,
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72 Cal. App. 4th 798, 809–10 (1999)), is unavailing. Dean’s statement was not a “stray
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remark,” but a statement of his intent in direct response to the resolution of Schmidt’s
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internal complaint. Nor do the cases Defendants cite support their claim that such
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remarks cannot “be imputed to . . . any other person.” Mot. for Recons., at 14. The
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cases Defendants cite concern whether a subordinate’s statements can be impugned to
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a decision-maker. See, e.g., Vasquez v. County of Los Angeles, 349 F.3d 634, 640–41
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(9th Cir. 2003). Here, Dean was the relevant decision-maker. Accordingly, Defendants
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have not shown it was clear error to find a genuine issue existed as to causation.
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Finally, the Court turns to Defendants’ claim that the Court failed to “assess
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whether [Schmidt] could show Defendant[s’] legitimate, non-retaliatory reasons for the
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various personnel actions with which she takes issue were pretext for retaliation.” Mot.
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for Recons., at 2. Defendants have only provided an alternate motive for one of the
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actions identified above—not allowing Schmidt to stay with the judge in her courtroom
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when the judge transferred to the family law department. And not only has Schmidt
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provided evidence that the preferred reason was pretextual, see Jaime Schmidt, at
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227:4–11, 228:2–20 (indicating that others’ granted requests were not materially
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different than Schmidt’s), but the clearly stated intent of Dean to “get” Schmidt in
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response to her internal complaint creates a genuine issue as to whether virtually any
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adverse action taken following the complaint was motivated by the complaint itself.
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CONCLUSION
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As set forth above, Defendants have not demonstrated that the Court committed
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clear error in assessing that genuine issues exist concerning the material facts
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underpinning Schmidt’s retaliation claim. Thus, Defendant’s Motion for Reconsideration,
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ECF No. 64, is DENIED.
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IT IS SO ORDERED.
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Dated: September 12, 2017
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