ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION FOR SUMMARY JUDGMENT
DAVID A. EZRA, District Judge.
I. BACKGROUND
Wallace Wayne Howard (plaintiff) brought this action against Daiichiya-Love's Bakery, Inc. (defendant) seeking damages for defendant's alleged violation of the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. section 621 et seq. Jurisdiction is vested in this court under 29
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