Robinson v. Dungarvin Nevada, LLC

Filing 40

ORDER granting 31 Motion for Partial Summary Judgment. The Clerk of Court is directed to enter judgment for Charlotte McClanahan and Barbara Jordan and against Robinson on all claims against them. Signed by Judge Jennifer A. Dorsey on 3/31/2017. (Copies have been distributed pursuant to the NEF - DC)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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James E. Robinson,

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Plaintiff

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Order Granting Motion for Partial
Summary Judgment

v.

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2:16-cv-00902-JAD-PAL

Dungarvin Nevada, LLC, et al.,

[ECF No. 31]
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Defendants

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James E. Robinson brings this Title VII and ADEA action against his former employer

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Dungarvin Nevada, LLC and four individual employees of the company—Charlotte McClanahan,

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Teneka McQueen, Barbara Jordan, and Yolanda Festes. On December 30, 2016, I granted Festes

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and McQueen’s motion to dismiss and dismissed all claims against these defendants for failure to

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state a claim. The remaining two individual defendants, McClanahan and Jordan, now move for

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summary judgment, arguing that they are not proper targets for Robinson’s Title VII or ADEA

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claims.1 Defendants are correct that Title VII and the ADEA both limit civil liability to the

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employer, not individual employees.2 Accordingly,

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IT IS HEREBY ORDERED that defendants’ motion for partial summary judgment [ECF No.

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31] is GRANTED. The Clerk of Court is directed to enter judgment for Charlotte McClanahan and

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Barbara Jordan and against Robinson on all claims against them.

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Dated this 31st day of March, 2017.

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_______________________________
Jennifer A. Dorsey
United States District Judge

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ECF No. 31.

Miller v. Maxwell’s Intern. Inc., 991 F.2d 583, 587 (9th Cir. 1993) (citing Padway v. Palches, 665
F.2d 965, 968 (9th Cir. 1982)).