U n i t e d S t a t e s D i s t r i c t C o u r t
F o r t h e N o r t h e r n D i s t r i c t o f C a l i f o r n i a
termination in November 2009. JSUF 8 (Morales Decl. at ¶ 17:8-11; Goodin Decl. at ¶ 14, Exh. F).
Macy’s hired Goodin in July 2002 as a GSM in the Palo Alto store, where she was promotedto GSM of Home in about January 2003. JSUF 21 (Goodin Dep. 25:23-26:16). Goodin has been inHuman Resources since 2004. JSUF 22 (Goodin Dep. 26:20-27:19). At the time of the events at issue,Goodin was the Human Resources Manager (“HRM”) for Serramonte, Hillsdale, and Hillsdale FurnitureGallery, the position she holds today. JSUF 23 (Goodin Dep. 27:13-19).
Defendant objects to this portion of Hamed’s declaration on the ground that it contradicts herpreviously-given sworn deposition testimony. Defendant’s Objection to the Declaration of ShokatHamed at 4. Defendant claims that Plaintiff testified that H.R. Manager Goodin first asked: “Shokat,why don’t you retire” in a meeting that occurred in November 2009 at which her daughter was present.Now, in opposition to the summary judgment motion, Plaintiff claims that this statement was made toher in July 2009 at a meeting with Goodin. Defendant’s Objection at 4. The Court has reviewed theexcerpts of the deposition testimony submitted by the Defendant, and disagrees with Defendant’scharacterization of it. It is not clear from the transcript that Plaintiff’s declaration contradicts herpreviously-given deposition testimony. The Defendant’s objection is OVERRULED.3that if she wanted to leave early, she would have to switch shifts with other employees in herdepartment.
Plaintiff admits that she agreed to this arrangement.
. Plaintiff contends that thisarrangement was difficult for her; when the new schedule would come out, she would sometimeshave to pay her co-workers in order to convince them to stay late for her, for example, by paying fortheir dinners.
. Plaintiff states that this arrangement took a toll on her self-esteem because shewas forced to constantly ask for favors from her junior co-workers.
Plaintiff admits that hersupervisor Morales told her that she could obtain a doctor’s letter and submit it to the store’s humanresources department. Pl.’s Opp. at 3.What happened next is in dispute: Plaintiff remembers delivering her doctor’s note in personto the human resources manager, Christina Goodin
, and that she had a “face to face” conversationwith her. Hamed Decl., ¶ 7. Plaintiff recalls that Goodin told Plaintiff that she did not have a full-time sales position available that did not involve working after dark, and then stated “Shokat, whydon’t you retire?”
Goodin has a different recollection. She states in her declaration that the doctor’s note wasdelivered under her door and that she did not have a face-to-face encounter with Plaintiff at thattime. Declaration of Christina Goodin (“Goodin Decl.”) at ¶ 13. Goodin states that she wrote“Received 7/15/09" on the letter. Goodin then spoke with Plaintiff’s supervisor, Ms. Morales and
Case3:10-cv-02790-JCS Document73 Filed04/29/11 Page3 of 27