George Larson v. United Natural Foods West Inc.

Good Law
518 F. App'x 589
United States Court of Appeals for the Ninth CircuitMay 17, 201311-17039California1,141 words

Opinion

Opinion

MEMORANDUM

George Larson appeals from the District Court’s grant of summary judgment for United Natural Foods West Inc. (“UNFI”) and Sysco Arizona Inc. (“Sysco”) on his claims under the Americans with Disabilities Act (“ADA”), the Family and Medical Leave Act (“FMLA”), and common-law negligence. UNFI terminated Mr. Larson, a commercial truck driver, after an audit revealed that Mr. Larson tested positively for alcohol when he was employed at Sysco, and a substance abuse professional (“SAP”) diagnosed him with alcohol dependence. For the reasons discussed below, we affirm.

I. Jurisdiction

This court has jurisdiction pursuant to 28 U.S.C. § 1291 .

II. Standard of Review

This court reviews a district court’s order granting summary judgment de novo. Milton H. Greene Archives, Inc. v. Marilyn Monroe LLC, 692 F.3d 983, 992 (9th Cir.2012). Summary judgment is proper when, viewing the evidence in the light most favorable to the nonmoving party, there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law. Fed. R.Civ.P. 56(a); Milton H. Greene Archives, Inc., 692 F.3d at 992 .

III. FMLA

The District Court properly dismissed Mr.…

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