UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA TOMMY HO, Plaintiff, Civ. Action No. 20-912 (EGS) v. MERRICK B. GARLAND, in his official capacity as Attorney General of the United States, U.S. Department of Justice,1 Defendant. MEMORANDUM OPINION I. Introduction Plaintiff Tommy Ho (“Mr. Ho” or “Plaintiff”) brings this lawsuit against Merrick B. Garland, in his official capacity as Attorney General of the United States, U.S. Department of Justice (the “Government” or “Defendant”), alleging race discrimination and retaliation in violation of Title VII of the Civil Rights Act of 1964 (“Title VII”), 42 U.S.C. § 2000e et seq., after Defendant reassigned Mr. Ho to the Joint Support Operations Center (“JSOC”) and denied his transfer to the Las Vegas Field Office (“LVFO”). See generally Compl., ECF No. 1. 1 Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, the current Attorney General of the United States, Merrick Garland, is substituted as Defendant for the former Attorney General of the United States, William Barr. See Fed. R. Civ. P. 25(d). 1 Pending before the Court is Defendant’s Motion to Dismiss or, in the Alternative, Motion for Summary Judgment. See Def.’s Mot. Dismiss or, in the Alternative, Mot. Summ. J., ECF No. 13; Mem. P. & A. Def.’s Mot. Dismiss or, in the Alternative, Mot. Summ. J. (“Def.’s Mot.”), ECF No. 13-1. Mr. Ho opposes the motion and moves for discovery pursuant to Federal Rule of Civil Procedure 56(d). See Pl.’s Opp’n Def.’s Mot. Dismiss or, in the Alternative, Mot. Summ. J., ECF No. 16; Mem. P. & A. Pl.’s Opp’n Def.’s Mot. Dismiss or, in the Alternative, Mot. Summ. J. (“Pl.’s Opp’n”), ECF No. 16-1; Pl.’s Mot. Under Rule 56(d), ECF No. 17; Mem. P. & A. Pl.’s Mot. Under Rule 56(d) (“Pl.’s Mot.”), ECF No. 17-1. Upon consideration of the motions, oppositions, replies thereto, and the applicable law, the Court GRANTS IN PART and DENIES IN PART Defendant’s Motion to Dismiss or, in the Alternative, for Summary Judgment, ECF No. 13; and GRANTS IN PART and DENIES IN PART Mr. Ho’s Motion Under Rule 56(d), ECF No. 17. II. Background A. Factual Mr. Ho has worked for the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”) since April 1999. Compl., ECF No. 1 at 3 ¶ 10. In August 2012, he accepted a position within 2 the Special Operations Division (“SOD”), Technical Operations Branch in the Unmanned Aircraft Systems (“UAS”) Program at ATF Headquarters (“HQ”). Id. He had committed to that position for three years, see id.; but the SOD suspended the UAS Program in June 2014, id. at 3 ¶ 11. Mr. Ho was then involuntarily transferred to the Washington Field Division (“WFD”). Id. While at the WFD, he held the position of Senior Operations Officer (“SOO”). Id. at 3 ¶ 12. 1. Mr. Ho’s Time at the WFD While he worked at the WFD, Mr. Ho was supervised by Special Agent in Charge (“SAC”) Smith (“SAC Smith” or “Mr. Smith”). Id. at 4 ¶ 15. Soon …
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