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DEPT. OF FAIR EMPLOYMENT v. LUCENT TECHNOLOGIES

Nos. 09-15057, 09-15060.

642 F.3d 728 (2011)

DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING, an agency of the State of California, Plaintiff-Appellant, and Steven J. Carauddo, Real Party in Interest, Petitioner-intervenor, v. LUCENT TECHNOLOGIES, INC., Defendant-Appellee. Department of Fair Employment and Housing, an agency of the State of California, Plaintiff, and Steven J. Carauddo, Real Party in Interest, Petitioner-intervenor-Appellant, v. Lucent Technologies, Inc., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed April 26, 2011.

Attorney(s) appearing for the Case

Susan Marie Saylor , Department of Fair Employment and Housing, Oakland, CA, for the plaintiff-appellant.

Steven R. Blackburn and Andrew Jonathon Sommer , Epstein Becker & Green, PC, San Francisco, CA, for the defendant-appellee.

Jean K. Hyams , Boxer & Gerson LLP, Oakland, CA, Claudia Center, The Legal Aid Society, San Francisco, CA, and Sharon Rachel Vinick , Vinick Law Firm, San Francisco, CA, for the petitioner-intervenor-appellant.

Opinion by Judge RESTANI; Dissent by Judge IKUTA.

OPINION

RESTANI, Judge:

Plaintiff Department of Fair Employment and Housing ("DFEH") and Plaintiff-Intervenor Steven J. Carauddo appeal the district court's grant of summary judgment in favor of Defendant Lucent Technologies, Inc. ("Lucent"), Carauddo's former employer, on claims that he was terminated in violation of the California Fair Employment and Housing Act ("FEHA"). In addition, DFEH challenges the district court's finding of diversity jurisdiction...

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