Aura Rossi v. City of Lakewood

MEMORANDUM

Aura Rossi appeals from the district court’s grant of summary judgment in favor of the City of Lakewood, the Lakewood Fire Department, and Paul Webb, Chief, Lakewood Fire Department, and the district court’s denial of Rossi’s motion for reconsideration. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Aura Rossi argues that summary judgment was entered against her as an impermissible sanction due to her failure to file opposition briefs. As to the motion brought by the Lakewood Fire Department and its fire chief, during the hearing Rossi’s counsel waived any opposition and there were no genuine issues of material fact identified that would preclude summary judgment. The district court correctly granted summary judgment.

As to the motion brought by the City of Lakewood, the district court erred in granting summary judgment as a sanction for Rossi’s failure to comply with the local rules of court. “For violation of the local rule the district court will be free to devise such sanctions as seem appropriate short of granting summary judgment where the movant has failed to meet its burden of demonstrating the absence of triable issues.” Martinez v. Stanford,…