Opinion
No. 05-56446.
Argued and Submitted October 17, 2007.
Filed October 25, 2007.
John A. Furutani, Esq., Furutani Peters, LLP, G. Scott Emblidge, Esq., Rachel Sater, Esq., Moscone, Emblidge Quadra, LLP, San Francisco, CA, for Plaintiff-Appellant.
George W. Abele, Esq., Paul Hastings Janofsky Walker, LLP, Los Angeles, CA, for Defendant-Appellee.
Appeal from the United States District Court for the Central District of California, Dean D. Pregerson, District Judge, Presiding. D.C. No. CV-03-04336-DDP.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Michael Mario appeals the district court's grant of summary judgment in favor of United Parcel Service ("UPS") on his claim that UPS misclassified its Full-Time Supervisors ("FTS") as non-exempt employees. Summary judgment is appropriate where, viewing the evidence in the light most favorable to the non-moving party, there is no genuine issue of material fact. Fed.R.Civ.P. 56(c); Celotex Corp. v. Catrett, 477 U.S. 317, 322-23, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). Mario has raised material issues of fact related to whether the FTS "customarily and regularly exercise[] discretion and independent judgment." Cal. Code Regs. tit. 8, § 11090(1)(A)(1)(d) (2005). Accordingly, summary judgment as to that issue was improper.
REVERSED AND REMANDED.