Andallo

Andallo v. Federal Express Corp.

Good Law
52 F. App'x 991
United States Court of Appeals for the Ninth CircuitDecember 13, 2002No. 01-17007; D.C. No. CV-99-05234-CWCalifornia677 words

Opinion

Lead Opinion

MEMORANDUM **

Diosdado Andallo appeals the district court’s summary judgment with respect to his state tort claims arising from his employment termination. We have jurisdiction, 28 U.S.C. § 1291 , and affirm. The parties are familiar with the facts, and, therefore, we only discuss those necessary to our analysis.

We review a grant of summary judgment de novo. Margolis v. Ryan, 140 *993 F.3d 850, 852 (9th Cir.1998). The court determines whether, viewing the evidence in the light most favorable to the non-moving party, there are any genuine issues of material fact precluding summary judgment, and whether the district court correctly applied the relevant substantive law. Id.

Andallo first contends that the district court abused its discretion by allowing separate statements of undisputed facts to be filed, and by accepting a late-filed reply-both allegedly in contravention of the district court’s local rules. We disagree. We review the district court’s interpretation and application of its local rules for abuse of discretion. Miranda v. Southern Pac. Transp. Co., 710 F.2d 516 , 521 (9th Cir.1983). “Only in rare cases will we question the exercise of discretion in connection with…

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