Millenium Holding Group, Inc. v. Sutura, Inc.

MEMORANDUM

Millenium Holding Group, Inc. (“Milleni-um”) appeals the district court’s grant of summary judgment in its suit against Su-tura, Inc. (“Sutura”), Fusion Capital Fund II, LLC (“Fusion Fund”), and Fusion Capital Partners, LLC (“Fusion Partners”). We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm the district court.

Millenium claims that the district court erred by failing to consider its claim that Sutura repudiated the agreement before Millenium’s performance was due. Because Millenium did not properly raise this argument before the district court, and no exceptional circumstances justify consideration on appeal, we decline to address the claim and affirm the district court’s grant of summary judgment.

Millenium also claims that the district court erred by granting summary judgment in favor of Sutura, Fusion Fund, and Fusion Partners on the conspiracy claim. The district court properly granted sum mary judgment because Millenium failed to produce evidence that gives rise to a genuine issue of material fact as to whether a conspiracy occurred. See In re Citric Acid Litig., 191 F.3d 1090, 1093 (9th Cir.1999) (finding that a plaintiff must present either…