Jeffrey Schulman v. Wynn Las Vegas

MEMORANDUM

Jeffery Schulman appeals the district court’s judgment dismissing as time-barred his employment discrimination action against Wynn Las Vegas, LLC et al. We have jurisdiction under 28 U.S.C. § 1291 , and we reverse.

We review de novo a district court’s dismissal on statute of limitations grounds. Payan v. Aramark Mgmt. Servs. Ltd. P’ship, 495 F.3d 1119, 1121 (9th Cir.2007). We also review de novo a district court’s grant of summary judgment, viewing the evidence in the light most favorable to the non-moving party. Douglas v. California Dep’t of Youth Auth., 271 F.3d 812, 822 (9th Cir.), amended 271 F.3d 910 (9th Cir.2001).

The district court’s sua sponte consideration of Wynn’s motion to dismiss as a motion for summary judgment was not reversible error. A district court may grant summary judgment sua sponte, Fed. R.Civ.P. 56(f), so long as the parties are given notice and an opportunity to present new evidence, or the losing party has been given a “full and fair opportunity to ventilate the issues in the motion.” United States v. Grayson, 879 F.2d 620, 625 (9th Cir.1989). Here, Schulman was given sufficient notice because Wynn’s motion to dismiss alerted him to the…