Achique Coyaso v. Bradley Pacific Aviation

MEMORANDUM

Plaintiff Achique Coyaso appeals the district court’s grant of summary judgment to Bradley Pacific Aviation, Inc. (“Bradley”), on Coyaso’s claims under the Uniformed Services Employment and Reemployment Rights Act (“USERRA”), 38 U.S.C. §§ 4311 , 4312; Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e-2, 2000e-3; and Hawai’i anti-discrimination law, Haw.Rev.Stat. § 378-2(1). Coyaso also appeals the district court’s decision to decline supplemental jurisdiction over his claim under the Hawai’i Whistleblowers’ Protection Act, Haw.Rev. Stat. §§ 378-61, 378-62. Finally, Coyaso appeals the district court’s denial of his motion for reconsideration. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

The district court properly granted summary judgment to Bradley on Coya-so’s discrimination claim under USERRA because Bradley “established] as an un-controverted fact that it would have terminated [Coyaso’s] employment even if he had not been a member of the [Army Reserve].” Leisek v. Brightwood Corp., 278 F.3d 895, 899 (9th Cir.2002). Bradley’s stated reason for firing Coyaso was that Coyaso assaulted Ingrid Wehner at a business adjacent to Bradley. Bradley…