Gary McClain v. County of Clark

MEMORANDUM

Gary McClain appeals from the district court’s grant of summary judgment in favor of Clark County on his claims of employment discrimination on the basis of age, race, and national origin under the Age Discrimination in Employment Act of 1967, 29 U.S.C. §§ 621-634 , Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2(a), and Nevada Revised Statute § 613.330, as well as the district court’s decision to grant leave to the County to file an oversize reply brief in support of its motion for summary judgment. We affirm the district court on both claims.

I

Isolated references to McClain as an “old dog” and a “crazy Canadian” fail to rise to the level of direct evidence of discriminatory motive. See, e.g., Nidds v. Schindler Elevator Corp., 113 F.3d 912, 918-19 (9th Cir.1996) (concluding that a reference to older individuals as “old timers,” when not directly tied to the employee’s termination, was ambiguous and failed to rise to the level of direct evidence); Nesbit v. Pepsico, Inc., 994 F.2d 703, 705 (9th Cir.1993) (considering a supervisor’s comment that “[w]e don’t necessarily like grey hair” to be weak circumstantial evidence when made in an ambivalent…