Gregory Grimes v. United Parcel Service

MEMORANDUM

Gregory Grimes (“Grimes”) brought suit against United Parcel Service (“UPS”) in state court, alleging, inter alia, disability discrimination and related claims under California’s Fair Employment & Housing Act (“FEHA”). UPS removed the action to federal court on the basis of diversity jurisdiction. Following partial summary judgment, trial, and partial settlement, the district court entered final judgment in favor of UPS. Grimes now appeals the district court’s grant of summary judgment to UPS on his rehire claim. Grimes also appeals several of the magistrate judge’s evidentiary rulings at trial. UPS appeals the district court’s order denying its motion for costs. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We reverse the district court’s grant of summary judgment on the rehire claim and remand for further proceedings. We affirm the magistrate judge’s evidentiary rulings at trial. We dismiss as moot UPS’s appeal of the district court’s order on costs.

We review the grant of summary judgment de novo, see, e.g., Barrientos v. 1801-1825 Morton LLC, 583 F.3d 1197, 1207 (9th Cir.2009), and we view the evidence in the light most favorable to the non-moving party,…