Stacey Moody v. County of San Mateo

MEMORANDUM

Stacey Moody appeals the district court’s grant of summary judgment in favor of her employer, San Mateo County. We affirm. Because the parties are familiar with the factual and procedural history of the case, we need not recount it here.

I

The district court did not abuse its discretion in precluding Moody from expanding the scope of her hostile work environment claim after the close of discovery to include new conduct. Although she was aware of the alleged conduct when she filed this action, she did not allege it in her complaint, nor rely on it on later responses to the County’s interrogatories. The district court determined that expanding the scope of Moody’s claims would delay the proceedings and disrupt a schedule on which the parties had been relying for over a year. Under these circumstances, the district court acted within its discretion in limiting the scope of her claim. See Acri v. Int’l Ass’n of Machinists & Aerospace Workers, 781 F.2d 1393, 1398 (9th Cir.1986) (“[L]ate amendments to assert new theories are not reviewed favorably when the facts and the theory have been known to the party seeking amendment since the inception of the cause of…