Harbor Performance Enhancement v. City of L.A. Harbor Department

FILED

NOT FOR PUBLICATION

APR 27 2022

UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

HARBOR PERFORMANCE No. 21-55416 ENHANCEMENT CENTER, LLC, a Delaware limited liability company, D.C. No. 2:20-cv-03251-PSG-MAA Plaintiff-Appellant,

v. MEMORANDUM*

CITY OF LOS ANGELES HARBOR

DEPARTMENT; et al.,

Defendants-Appellees.

Appeal from the United States District Court for the Central District of California Philip S. Gutierrez, Chief District Judge, Presiding

Argued and Submitted March 17, 2022 San Francisco, California

Before: CHRISTEN and BRESS, Circuit Judges, and LYNN,** District Judge.

Appellant Harbor Performance Enhancement Center, LLC appeals the

district court’s order dismissing appellant’s action against appellees City of Los

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable Barbara M. G. Lynn, Chief United States District Judge for the Northern District of Texas, sitting by designation. Angeles (“the City”) and City…