Heather Cooper v. Dignity Health

FILED

NOT FOR PUBLICATION

AUG 18 2021

UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

HEATHER COOPER, No. 20-15377

Plaintiff-Appellant, D.C. No. 2:18-cv-00116-DGC

v.

MEMORANDUM*

DIGNITY HEALTH, DBA St. Joseph’s Hospital and Medical Center,

Defendant-Appellee.

Appeal from the United States District Court for the District of Arizona David G. Campbell, District Judge, Presiding

Argued and Submitted June 17, 2021 Anchorage, Alaska

Before: RAWLINSON, CHRISTEN, and R. NELSON, Circuit Judges.

Heather Cooper (Cooper) appeals the district court’s order granting

summary judgment in favor of Appellee Dignity Health (Dignity Health). Cooper

was employed as an “intraoperative neuromonitoring (IONM) technologist” and

“monitor[ed] nerve functioning of patients undergoing brain and spinal surgery.”

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. She contends that the district court erred in holding that punctuality was an

essential function of her duties, and that her request to clock…