Wahl v. Basf Corporation

NOTICE OF MOTION AND MOTION for SUMMARY JUDGMENT

E.D. Cal.September 30, 2016

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case No. 2:15-cv-02630-WBS-KJN DEFENDANT BASF CORPORATION’S NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT THOMAS M. MCINERNEY, SBN 162055 tmm@ogletreedeakins.com ROSHNI CHAUDHARI, SBN 310612 roshni.chaudhari@ogletreedeakins.com OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. Steuart Tower, Suite 1300 One Market Plaza San Francisco, CA 94105 Telephone: 415.442.4810 Facsimile: 415.442.4870 Attorneys for Defendant BASF CORPORATION UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA GREGORY WAHL, Plaintiff, vs. BASF CORPORATION; DOES 1 through 5, inclusive, Defendants. Case No.: 2:15-cv-02630-WBS-KJN DEFENDANT BASF CORPORATION’S NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT [Filed concurrently with Memorandum of Points and Authorities; Declarations in Support of Motion for Summary Judgment; Separate Statement of Undisputed Material Facts and (Proposed) Order] Date: October 31, 2016 Time: 1:30 p.m. Courtroom: 5, 14th Floor Complaint Filed: October 30, 2015 Trial Date: July 25, 2017 Case 2:15-cv-02630-WBS-KJN Document 9 Filed 09/30/16 Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 Case No. 2:15-cv-02630-WBS-KJN DEFENDANT BASF CORPORATION’S NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT TO PLAINTIFF GEORGE WAHL AND TO HIS COUNSEL OF RECORD: PLEASE TAKE NOTICE that on October 31, 2016 at 1:30 pm or as soon thereafter as the matter may be heard before the Honorable William B. Shubb, in Courtroom 5 of the above-entitled court, located at Robert T. Matsui United States Courthouse at 501 I Street, 14th Floor, Sacramento, CA 95814, defendant BASF CORPORATION (“BASF” or “defendant”), pursuant to Rule 56 of the Federal Rules of Civil Procedures, will and hereby does move this Court for an Order granting Defendant BASF Corporation’s Motion for Summary Judgment. Said Motion will be make on the grounds that the uncontroverted evidence establishes that the cause of action and claim made by plaintiff GREGORY WAHL (“plaintiff”) in his Complaint is without merit, and that there is no triable issues as to any material fact with respect thereto, and BASF is entitled to judgment as a matter of law. ISSUE 1: Judgment should be granted in favor of defendant BASF as to plaintiff’s First Cause of Action for discrimination on the basis of age because plaintiff cannot establish that BASF Corporation’s legitimate, non-discriminatory reasons for not hiring him were a pretext for discrimination. This Motion is based upon this Notice of Motion; the Memorandum of Points and Authorities in support thereof; the separate Statement of Undisputed Material Facts; the Declarations of Roshni Chaudhari, Derek Miller, James Bean, Brian Thompson, Sarah Devereux, Neil Hackett, and Josh Sprowl, and exhibits thereto; all pleadings and papers in this action at the time of the hearing; argument that may be presented at the hearing on this Motion; and any and all other materials this Court deems necessary. DATED: September 30, 2016 OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. By: /s/ Roshni Chaudhari Thomas M. McInerney Roshni Chaudhari Attorneys for Defendant BASF CORPORATION 26371016.2 Case 2:15-cv-02630-WBS-KJN Document 9 Filed 09/30/16 Page 2 of 2