Amy Gurvey v. Legend Films, Inc.

MEMORANDUM

Amy Rebecca Gurvey appeals pro se from the district court’s summary judgment in her diversity action alleging, among other claims, breach of an employment contract. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Morrison v. Hall, 261 F.3d 896, 900 (9th Cir.2001). We affirm.

The district court properly granted summary judgment because Gurvey failed to raise a genuine dispute of material fact as to whether her claims are not barred by the applicable six-year statutes of limitations. See N.Y. C.P.L.R. § 213 (2) (six-year statute of -limitation for “an action upon a contractual obligation or liability, express or implied”); N.Y. Lab. Law § 198 (3) (“Notwithstanding any other provision of law, an action to recover upon a liability imposed by this article must be commenced within six years.”); Pelletier v. Fed. Home Loan Bank of S.F., 968 F.2d 865, 872 (9th Cir.1992) (to survive summary judgment, nonmovant “ordinarily must furnish affidavits containing admissible evidence tending to show the existence of a genuine dispute of material fact”).

The district court did not abuse its discretion by denying Gurvey’s ex parte motion to amend her complaint because…