violated the express provisions of its own written personnel policy. Golden has not presented any genuine issues of material fact, and Northwestern is entitled to summary judgment on Golden’s WDEA claims. Accordingly, IT IS ORDERED that NorthWestern’s motion for summary judgment (Doc. 23) is GRANTED. This case is DISMISSED. All pending motions are DENIED as moot, and all dates and deadlines in this case are VACATED. 1 . Plaintiff also filed a claim for negligence, which the Court has dismissed. (Doc. 10.) 2 . The Court notes that Golden does not have to establish pretext in order to survive summary judgment as to good cause, despite Northwestern’s claims to the contrary on pages 24-25 of its brief, (Doc. 24), and elsewhere. See Marcy v. Delta Airlines, 166 F.3d 1279 (9th Cir.1999)
recognizing that one way to prove pretext is by showing that similarlysituated employees were treated differently holding that proof that the employer acted in bad faith by using a pretext to discharge its employee is only one possible way of demonstrating that the employers stated reason was not a legitimate one holding that an employee may establish that the legitimate reason for an employment decision offered by an employer is pretextual by showing by a preponderance of the evidence either that the discrim inatory reason was the true reason motivating the employers conduct or that the profferred legitimate reason was false holding that plaintiff can show pretext by demonstrating that an employers proffered reason for an adverse employment action has no basis in fact holding that to determine whether the employer intentionally discriminated against the employee the court examines if there is evidence from which a reasonable jury could find that the employers stated reason for the firing is pretext