Martinez v. Marin Sanitary Service

ORDER

WALKER, Chief Judge.

Defendants Marin Sanitary Service (MSS) and Joseph Garbarino Sr (Garbari-no Sr) move the court for summary adjudication of plaintiff Francisco Martinez’ (Martinez) sole federal claim and to decline supplemental jurisdiction over and dismiss Martinez’ remaining state claims. Doc #42. In opposition to the motion, Martinez relies heavily upon his declaration dated January 14, 2004, and to a lesser extent on his February 15, 2002, deposition testimony. Although the facts recited in Martinez’ declaration and in his deposition testimony are consistent on some matters, the…