MEMORANDUM OPINION
RICHARD J. LEON, District Judge.
Plaintiff Arthur Gilbert ("plaintiff or "Gilbert") is suing Janet Napolitano in her official capacity as Secretary of Homeland Security. A former employee of U.S. Customs and Border Protection ("CBP" or "Customs"), Gilbert alleges that CBP discriminated and retaliated against him by denying his applications for a promotion in favor of younger white candidates. See Third Am. Compl. ("TAC")...
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