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Pronechen v. Secretary of U.S. Dep't of Homeland Security

March 24, 2010

RONALD L. PRONECHEN, PLAINTIFF,
v.
SECRETARY OF U.S. DEPARTMENT OF HOMELAND SECURITY, DEFENDANT.



The opinion of the court was delivered by: Honorable Ronald S.W. Lew Senior, U.S. District Court Judge

STATEMENT OF UNCONTROVERTED FACTS AND CONCLUSIONS OF LAW

After consideration of the papers in support of and in opposition to Defendant's Motion for Summary Judgment, this Court makes the following findings of fact and conclusions of law:

UNCONTROVERTED FACTS

1. In November of 2002, a position for a Supervisory Physical Security Specialist Position was open for applications. [Exh. A at 102:25-103:6]. The Supervisory Physical Security Specialist Position was a Grade 13 position. [Exh. A at 102:25-103:6]. The position was listed under Announcement 0390224. [Exh. A at 102:25-103:6]. Plaintiff applied for the position. [Exh. A at 102:25-103:6].

2. On March 11, 2003, Plaintiff received notice that he had not been selected for the position listed under Announcement Number 0390224. [Exh. A at 106:6-16].

3. The position listed under Announcement 0390224 was given to another candidate. [Exh. A at 106:6-16]. The candidate who received the position had the initials H.S. [Decl. Rye ¶ 3]. H.S. was not hired because he failed the security clearance required for the position. [Decl. Rye ¶

3]. After H.S. failed the security clearance, Announcement 0390224 was cancelled. [Decl. Rye ¶ 3].

4. A closed or cancelled announcement is permanently closed. [Decl. Rye Reply ¶ 6]. A closed or cancelled announcement cannot be reopened. [Decl. Rye Reply ¶ 6].

5. In January through February of 2003, a position for a Physical Security Specialist with the Department of Homeland Security was open for applications. [Exh. A at 112:16-21]. The Physical Security Specialist position was for a GS-12 position. [Exh. A at 112:16-21]. The position was listed under Announcement 0390874. [Exh. A at 112:16-21]. Plaintiff applied for the position. [Exh. A at 112:16-21].

6. On March 12, 2003, Plaintiff was notified that he had been referred for consideration for the position listed under Announcement 0390874. [Exh. A at 113:3-114:6]. Plaintiff had been told that he may be contacted for an interview regarding the position within 90 days. [Exh. A at 113:3-114:6]. Plaintiff was not contacted again regarding the position. [Exh. A 113:3-114:6].

7. No selection was made for the position listed under Announcement 0390874. [Decl. Rye ¶ 4-5]. Announcement 0390874 was cancelled. [Decl. Rye ¶ 4-5].

8. A closed or cancelled announcement is permanently closed. [Decl. Rye Reply ¶ 6]. A closed or cancelled announcement cannot be reopened. [Decl. Rye Reply ¶ 6].

9. In June 2003 through July 2003, a position for a Physical Security Specialist with the Department of Homeland Security was open for applications. [Exh. A at 124:8-18]. The Physical Security Specialist position was for a GS-12 position. [Exh. A at 124:8-18]. The position was listed under Announcement 0392154. [Exh. A at 124:8-18]. It was for a vacancy in Santa Clara County. [Exh. A at 124:8-18]. Plaintiff applied for the position. [Exh. A 124:8-18].

10. On August 28, 2003, Plaintiff was notified that he had been referred for consideration for the position listed under Announcement 0392154. [Exh. A at 124:25-125:22]. Plaintiff had been told that he may be contacted regarding the position. [Exh. A at 124:25-125:22]. Plaintiff ...


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