Stiver

Stiver v. Olsten Kimberly Quality Care Inc.

Good Law
24 F. App'x 666
United States Court of Appeals for the Ninth CircuitOctober 29, 2001No. 00-55269, 00-56070; D.C. No. CV-97-07862-LGBCalifornia700 words

Opinion

Lead Opinion

MEMORANDUM *

Brian Stiver claims that Olsten Kimberly Quality Care terminated him solely on the basis of his extramarital romantic relationship with fellow employee Kathy Sieperman. • Stiver appeals the district court’s denial of his motion to remand, the grant of summary judgment on his claims for invasion of privacy and wrongful termination in violation of public policy and the denial of his motion to amend his complaint to add a claim for retaliatory termination in violation of public policy. Stiver’s attorney, Barry Kaufman, appeals the post-judgment award of sanctions. We affirm in part and reverse in part.

This Court need not consider the propriety of the district court’s refusal to remand the case because Stiver concedes that any alleged jurisdictional defect was cured by the time judgment was entered. See Caterpillar, Inc. v. Lewis, 519 U.S. 61, 64 , 117 S.Ct. 467 , 136 L.Ed.2d 437 (1996).

We affirm the district court’s grant of summary judgment on Stiver’s claims for invasion of privacy and wrongful termination. Because Stiver failed to raise a triable issue of fact whether Olsten fired Stiver because he was having an affair with Sieperman, he failed to demonstrate the…

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