Coughlan

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

JAMES W. COGHLAN, 

Plaintiff-Appellant, No. 03-35314 v.  D.C. No.

CV-02-01165-BJR

AMERICAN SEAFOODS COMPANY

LLC, OPINION

Defendant-Appellee.  Appeal from the United States District Court for the Western District of Washington Barbara Jacobs Rothstein, District Judge, Presiding

Argued and Submitted February 9, 2005—Seattle, Washington

Filed July 7, 2005

Before: Diarmuid F. O’Scannlain, Edward Leavy, and Carlos T. Bea, Circuit Judges.

Opinion by Judge O’Scannlain

7935 7938 COGHLAN v. AMERICAN SEAFOODS CO.

COUNSEL

Scott E. Collins, Helsell Fetterman LLP, Seattle, Washington, argued the cause for the appellant; Jennfer S. Divine, Helsell Fetterman LLP, was on the briefs.

Alex J. Higgins, Stokes Lawrence, P.S., Seattle, Washington, argued the cause for the appellee.

OPINION

O’SCANNLAIN, Circuit Judge:

We must decide whether the showing necessary for an employee to prevail against his employer’s motion for sum- COGHLAN v. AMERICAN SEAFOODS CO. 7939 mary judgment in this employment discrimination…