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Tom Thompson v. Patrick R. Donahoe

January 9, 2013

TOM THOMPSON,
PLAINTIFF,
v.
PATRICK R. DONAHOE, POSTMASTER GENERAL, DEFENDANT.



The opinion of the court was delivered by: Hon. Thomas J. Whelan United States District Judge

ORDER GRANTING DEFENDANT'S SUMMARY- JUDGMENT MOTION [DOC. 37]

Pending before the Court is Defendant Postmaster General Patrick R. Donahoe's summary-judgment motion. Plaintiff Tom Thompson opposes.

Having considered the parties' papers, the Court decides the matter on the papers submitted and without oral argument. See S.D. Cal Civ. R. 7.1(d.1). For the reasons stated below, the Court GRANTS Defendant's summary-judgment motion [Doc. 37].

I. Relevant Background

Plaintiff Tom Thompson was employed by the United States Postal Service ("USPS") as a letter carrier from approximately 1985 through November 2007.

Throughout his career, Thompson worked at the Grantville Post Office in San Diego, California (the "Grantville Station").

On September 5, 2006, Thompson filed an EEO Complaint of Discrimination in Postal Service. (Def.'s NOL [Doc. 37-2], Ex. 10.) The complaint alleged discrimination based on race, color, sex, age and disability. (Id.) On September 30, 2009, the EEOC Administrative Judge ("AJ") issued a decision finding that Thompson "was discriminated against in that he was harassed based on his physical disability," but that "[h]e was not discriminated against based on race, color, sex or age." (Pl.'s NOL [Doc. 38-3], Ex. D at 1.) The AJ ordered the following relief:

1. 192 hours of back pay and all benefits to which Thompson would have been entitled for the period from May 16 through July 18, 2007;

2. All existing discipline cited in his complaint was to be rescinded immediately and expunged from all records, including Thompson's personnel file;

3. $15,000 in compensatory damages, and $454.24 in pecuniary damages; 4. A minimum of 8 hours of training on the Rehabilitation Act and the Americans with Disabilities Amendments Act to Supervisor Velez and Manager Sotomayor, which was to be completed by January 31, 2010;

5. Notice to employees at the Grantville Station of the AJ's discrimination finding.

(Id. at 25.)

On October 26, 2009, the USPS issued a Notice of Final Action, in which it accepted the AJ's findings and agreed to implement the ordered relief. (Pl.'s NOL, Ex. E at 1.) The USPS also notified Thompson of his right to appeal to the EEOC, and right to file a civil action in the appropriate United States District Court. (Id. at 2.) On or about November 25, 2009, Thompson filed an administrative appeal with the EEOC's Office of Federal Operations ("OFO") seeking review of the amount of the AJ's award. (See Id., Ex. F, Ex. G.)

Meanwhile, in November 2009, the USPS issued two checks to Thompson in the amount of $15,000 and $454.24, in satisfaction for the compensatory and pecuniary damages awarded by the AJ. (Def.'s NOL, Ex. 18.) While Thompson's appeal to the ...


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