Baldazo v. Elko County Ex Rel. Sheriff's Department

Ninth Circuit

Baldazo v. Elko County Ex Rel. Sheriff's Department

667 F. App'x 169

CourtCourt of Appeals for the Ninth Circuit

DecidedJune 22, 2016

Docket14-15840

StatusUnpublished

This text of 667 F. App'x 169 (Baldazo v. Elko County Ex Rel. Sheriff's Department) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Baldazo v. Elko County Ex Rel. Sheriff's Department, 667 F. App'x 169 (9th Cir. 2016).

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Opinion

MEMORANDUM ***

Cecilia Baldazo appeals from the district court’s order granting summary judgment to Elko County, Marvin Morton, Rick Kee-ma, and Brad Hester, on Baldazo’s claims for discrimination and retaliation under Title VII of the Civil Rights Act, 42 U.S.C. § 2000e et seq. and 42 U.S.C. § 1983, and for common law negligence. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

The district court did not err in considering the arbitration award and record, which are admissible evidence for purposes of summary judgment. See Alexander v. Gardner-Denver Co., 415 U.S. 36, 59-60, 94 S.Ct. 1011, 39 L.Ed.2d 147 (1974). Because the defendants’ motion for judgment on the pleadings and summary judgment was timely under Rule 56(b) of the Federal Rules of Civil Procedure, Baldazo was on notice that the merits of her claims were at issue. Even if Baldazo’s opposition to summary judgment were construed as a motion under Rule 56(d) of the Federal Rules of Civil Procedure, Baldazo failed to show how “additional discovery would have precluded summary judgment,” Qualls v. Blue Cross of Cal., Inc., 22 F.3d 839, 844 (9th Cir. 1994) (emphasis omitted), and therefore the district court did not abuse its discretion in proceeding to consider the merits of the defendants’ motion.

Finally, the defendants provided a legitimate non-discriminatory reason for terminating Baldazo, namely that she was untruthful and insubordinate, and introduced the arbitration award and record as supporting evidence. Baldazo failed to produce evidence that defendants’ reason was pre-textual. See Aragon v. Republic Silver State Disposal Inc., 292 F.3d 654, 658-59 (9th Cir. 2002). Accordingly, the district *170 court did not err in granting summary-judgment to the defendants.

AFFIRMED.

***

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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MEMORANDUM ***

Cecilia Baldazo appeals from the district court’s order granting summary judgment to Elko County, Marvin Morton, Rick Kee-ma, and Brad Hester, on Baldazo’s claims for discrimination and retaliation under Title VII of the Civil Rights Act, 42 U.S.C. § 2000e et seq. and 42 U.S.C. § 1983, and for common law negligence. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

The district court did not err in considering the arbitration award and record, which are admissible evidence for purposes of summary judgment. See Alexander v. Gardner-Denver Co., 415 U.S. 36, 59-60, 94 S.Ct. 1011, 39 L.Ed.2d 147 (1974). Because the defendants’ motion for judgment on the pleadings and summary judgment was timely under Rule 56(b) of the Federal Rules of Civil Procedure, Baldazo was on notice that the merits of her claims were at issue. Even if Baldazo’s opposition to summary judgment were construed as a motion under Rule 56(d) of the Federal Rules of Civil Procedure, Baldazo failed to show how “additional discovery would have precluded summary judgment,” Qualls v. Blue Cross of Cal., Inc., 22 F.3d 839, 844 (9th Cir. 1994) (emphasis omitted), and therefore the district court did not abuse its discretion in proceeding to consider the merits of the defendants’ motion.

Finally, the defendants provided a legitimate non-discriminatory reason for terminating Baldazo, namely that she was untruthful and insubordinate, and introduced the arbitration award and record as supporting evidence. Baldazo failed to produce evidence that defendants’ reason was pre-textual. See Aragon v. Republic Silver State Disposal Inc., 292 F.3d 654, 658-59 (9th Cir. 2002). Accordingly, the district *170 court did not err in granting summary-judgment to the defendants.

AFFIRMED.

***

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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667 F. App'x 169, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baldazo-v-elko-county-ex-rel-sheriffs-department-ca9-2016.

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