Prukop

Prukop v. Horizon Air Industries, Inc.

Good Law
51 F. App'x 251
United States Court of Appeals for the Ninth CircuitNovember 21, 2002No. 02-35419; D.C. No. CV-01-00068-RSLCalifornia322 words

Opinion

Lead Opinion

MEMORANDUM **

John R. Prukop appeals pro se the district court’s summary judgment for defendant in his action alleging age discrimination in hiring. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

We review de novo the district court’s grant of summary judgment. Lyons v. England, 307 F.3d 1092, 1103 (9th Cir. 2002). The district court properly granted summary judgment on Prukop’s Age Discrimination in Employment Act claim because Prukop failed to raise a genuine *252 issue of material fact as to whether defendant’s legitimate reasons for its conduct were pretextual. See Coleman v. Quaker Oats, Co., 232 F.3d 1271, 1282 (9th Cir. 2000).

We review for abuse of discretion the district court’s denial of a Fed.R.Civ.P. 56(f) request for further discovery by a party opposing summary judgment. Nidds v. Schindler Elevator Corp., 113 F.3d 912, 920 (9th Cir.1997). The district court did not abuse its discretion in denying a third continuance of the summary judgment because the record demonstrates that Prukop failed to diligently pursue discovery or proffer sufficient facts to show that the evidence sought would prevent summary judgment. See id. at 921 .

We review for…

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