Christie Bowers v. Robin Kletke

MEMORANDUM

Christie Bowers appeals the district court’s grant of summary judgment for defendants and the district court’s partial denial of her motion for leave to amend her complaint. We reverse with respect to the former and affirm on the latter.

Defendants cross-appeal, asserting that the district judge abused his discretion in refusing to sanction Bowers for delays by dismissing her case. We affirm.

“Summary judgment is appropriate here only if no reasonable juror, viewing the evidence in the light most favorable to [Bowers] could find for [Bowers] by a preponderance of the evidence.” Canada v. Blain’s Helicopters, Inc., 831 F.2d 920 , 922 (9th Cir.1987). Bowers presented evidence that defendants logged in to her email account on numerous occasions, sometimes for several hours at a time. Based on that evidence, it would not be unreasonable for a juror to conclude either (1) that such viewing by defendants necessarily entailed “recording” by the computer used by defendants, or (2) that defendants, in accessing Bowers’ email account numerous times for extended periods of time, printed, saved, or otherwise recorded some or all of her emails. There was, therefore, a genuine…