Aziz Aityahia v. Westwind School of Aeronautics

• Court: Court of Appeals for the Ninth Circuit
• Decided: March 24, 2025
• Docket: 23-16075
• Status: Unpublished

Opinion

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS MAR 24 2025 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT

AZIZ AITYAHIA, No. 23-16075

Plaintiff-Appellant, D.C. No. 2:21-cv-01109-SMB

v. MEMORANDUM* WESTWIND SCHOOL OF AERONAUTICS,

Defendant-Appellee.

Appeal from the United States District Court for the District of Arizona Susan M. Brnovich, District Judge, Presiding

Submitted March 17, 2025**

Before: CANBY, R. NELSON, and FORREST, Circuit Judges.

Aziz Aityahia appeals pro se from the district court’s summary judgment in

his action alleging national origin discrimination in violation of Title VII of the

Civil Rights Act of 1964 (“Title VII”), 42 U.S.C. §§ 2000e–2000e-17. We have

jurisdiction under 28 U.S.C. § 1291. We review de novo. Opara v. Yellen, 57

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). F.4th 709, 721 (9th Cir. 2023). We affirm.

The district court properly granted summary judgment because Aityahia

failed to raise a genuine dispute of material fact as to whether defendant’s

proffered legitimate, non-discriminatory reason for rescinding its job offer was

pretextual. See id. at 721-24, 728-29 (setting forth burden-shifting framework for

Title VII discrimination claim and explaining that mere conclusory allegations are

insufficient to raise a triable dispute regarding an employer’s motive).

The district court did not abuse its discretion by denying Aityahia’s request

for entry of default because defendant did not fail to plead or otherwise defend.

See Fed. R. Civ. P. 55(a) (providing for entry of default when a defendant “has

failed to plead or otherwise defend”); Speiser, Krause & Madole P.C. v. Ortiz, 271

F.3d 884, 886 (9th Cir. 2001) (setting forth standard of review).

Aityahia’s motions for injunctive relief and to supplement the record

(Docket Entry Nos. 30, 31, 35) are denied.

AFFIRMED.

2 23-16075