Doris Miller v. the Regis Corporation

MEMORANDUM

Plaintiff-Appellant Doris Miller appeals the district court’s grant of summary judgment in favor of Defendants-Appellees Re-gis Corporation and Supercuts Corporate Shops, Inc. (erroneously sued as Supercuts Corporate Stores, Inc.). As the facts and procedural history are familiar to the parties, we do not recite them here except as necessary to explain our decision. This court has jurisdiction under 28 U.S.C. § 1291 . We review the district court’s application of its local rules for an abuse of discretion, Prof'l Programs Group v. Dep’t of Commerce, 29 F.3d 1349 , 1353 (9th Cir.1994), and we review de novo the grant of summary judgment, Leever v. Carson City, 360 F.3d 1014, 1017 (9th Cir.2004). We affirm.

Plaintiff did not timely object to the district court’s ruling accepting Defendants’ statement of material facts as admitted. As a result, Plaintiff has waived her right to appeal that ruling. See Bias v. Moynihan, 508 F.3d 1212, 1224 (9th Cir.2007) (ruling that plaintiff waived her right to appeal district court’s admission of evidence on summary judgment). Nevertheless, because Plaintiff failed to controvert Defendants’ statement of material facts by filing her own…