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Maher v. City of Fresno

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA -- FRESNO DIVISION


September 8, 2009

MICHELLE MAHER, PLAINTIFF,
v.
CITY OF FRESNO, DEFENDANT.

The opinion of the court was delivered by: Oliver W. Wanger United States District Judge

ORDER GRANTING PLAINTIFF'S FED. R. CIV. P. 56(d) MOTION FOR SUMMARY ADJUDICATION OF ISSUES

Plaintiff Michelle Maher brought suit against the City of Fresno, alleging, inter alia, that Defendant forced her to resign from the City of Fresno Fire Department Fire Academy and refused to reinstate her based at least in part on the unlawful consideration of her gender, parental status, and primary care-giving status in violation of Title IX, 20 U.S.C. § 1681. Plaintiff seeks summary adjudication on the issue of whether the City of Fresno Fire Department Fire Academy is an "education program or activity receiving Federal financial assistance" for purposes of Title IX.

Maher v. City of Fresno, Case No. 08-CV-00050-OWW-SMS Order Granting Pl.'s Mot. for Partial Summary Adjudication of Issues As set forth in the Court's September 3, 2009 Memorandum Decision and Order, based on the parties' submissions it is undisputed, and there is no triable issue, that the City of Fresno Fire Department Fire Academy is an "education program or activity receiving Federal financial assistance" under Title IX, 20 U.S.C. § 1681(a), for purposes of Defendant's alleged Title IX liability. Plaintiff's motion is GRANTED.

IT IS SO ORDERED.

20090908

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