Erica Soltero v. MacY's, Inc.

MEMORANDUM

Erica Soltero (“Soltero”) appeals the district court’s grant of Macy’s, Inc.’s - (“Macy’s”) motion to compel arbitration and to dismiss her action. We have jurisdiction under 28 U.S.C. § 1291 ,- and we-affirm.

1. Soltero first argues that -.she was ■ entitled to discovery on the content of an electronic acknowledgment form she signed before the district court ruled on the motion to compel arbitration. We re- < view for abuse of discretion the district court’s ruling whether to permit discovery under Federal Rule of Civil Procedure 56(d) in the context of a summary Judgment proceeding. See Morton v. Hall, 599 F.3d 942, 945 (9th Cir.2010).

2. Here, Soltero did not “diligently pursue[ ]” discovery. See Panatronic USA v. AT & T Corp., 287 F.3d 840, 846 (9th Cir.2002). The parties conferred over a month and a half before the hearing on Macy’s motion to compel arbitration, but Soltero propounded no discovery requests. See Fed.R.Civ.P. 26(d)(1) (“A party may not seek discovery from any source before the parties have conferred as required by Rule 26(f)”). Further, there were no surprises here. Soltero filed a declaration in support of her opposition to Macy’s motion to…