Karen Krushwitz v. University of California

Good Law
599 F. App'x 714
United States Court of Appeals for the Ninth CircuitApril 7, 201512-17580California460 words

Opinion

Opinion

MEMORANDUM

Karen Krushwitz, a former graduate student and teaching assistant, appeals from the district court’s grant of summary judgment in favor of her former university, U.C. Berkeley. Krushwitz alleges that U.C. Berkeley discriminated against her and failed to accommodate her disability, and brings claims under Title VII, Titles I & II of the Americans with Disabilities Act (“ADA”), and Section 504 of the Rehabilitation Act. We affirm.

First, Krushwitz’s contention that the grant of summary judgment must be reversed because the district court procedurally erred is not persuasive. It is true that “[a] moving party without the ultimate burden of persuasion at trial ... has both the initial burden of production and the ultimate burden of persuasion on a motion for summary judgment.” Nissan Fire & Marine Ins. Co. v. Fritz Cos., 210 F.3d 1099 , 1102 (9th Cir.2000). A district court, however, has authority to request supplemental briefing under Rule 56, and determining the relevant dates did not require the district court to weigh evidence or assess credibility. Krushwitz, moreover, did not object to providing additional information to the court.

Krushwitz’s employment…

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