Tiffany Nicholson v. Hyannis Air Service, Inc.

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

TIFFANY ANNE NICHOLSON, 

Plaintiff-Appellant, No. 08-15959 v.  D.C. No. 1:06-cv-00027

HYANNIS AIR SERVICE, INC., DBA

Cape Air, OPINION Defendant-Appellee.  Appeal from the United States District Court for the District of Guam Frances Tydingco-Gatewood, Chief District Judge, Presiding

Argued and Submitted February 11, 2009—Honolulu, Hawaii

Filed September 8, 2009

Before: Stephen Reinhardt, Melvin Brunetti, and Sidney R. Thomas, Circuit Judges.

Opinion by Judge Reinhardt

12645 12650 NICHOLSON v. HYANNIS AIR SERVICE

COUNSEL

Phillip Torres, Hagåtña, Guam, for the plaintiff-appellant.

David Ledger, Elyze J. McDonald, Hagåtña, Guam, for the defendant-appellee.

OPINION

REINHARDT, Circuit Judge:

Tiffany Anne Nicholson alleges that her former employer Cape Air discriminated against her on account of her sex when it suspended her from flying the two-pilot ATR 42 air- plane on Cape Air’s Guam and Micronesia routes. The district court granted Cape Air’s motion for summary judgment, find- ing that Nicholson could not establish a prima…