Baldazo v. Elko County Ex Rel. Sheriff's Department

MEMORANDUM

Cecilia Baldazo appeals from the district court’s order granting summary judgment to Elko County, Marvin Morton, Rick Kee-ma, and Brad Hester, on Baldazo’s claims for discrimination and retaliation under Title VII of the Civil Rights Act, 42 U.S.C. § 2000e et seq. and 42 U.S.C. § 1983 , and for common law negligence. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

The district court did not err in considering the arbitration award and record, which are admissible evidence for purposes of summary judgment. See Alexander v. Gardner-Denver Co., 415 U.S. 36, 59-60 , 94 S.Ct. 1011 , 39 L.Ed.2d 147 (1974). Because the defendants’ motion for judgment on the pleadings and summary judgment was timely under Rule 56(b) of the Federal Rules of Civil Procedure, Baldazo was on notice that the merits of her claims were at issue. Even if Baldazo’s opposition to summary judgment were construed as a motion under Rule 56(d) of the Federal Rules of Civil Procedure, Baldazo failed to show how “additional discovery would have precluded summary judgment,” Qualls v. Blue Cross of Cal., Inc., 22 F.3d 839, 844 (9th Cir. 1994) (emphasis omitted), and therefore the district court…