MEMORANDUM AND ORDER
J. THOMAS MARTEN, District Judge.
Plaintiff Michael Drury was employed by BNSF Railway until 2012 when he was fired. In the present action, Drury alleges, among other things, that BNSF terminated his employment because of his Native American ancestry, and in retaliation for his reporting discriminatory conduct by a supervisor in 2007. BNSF has moved for summary judgment on Drury's claims,
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