Mills

Mills v. Davis

Good Law
53 F. App'x 480
United States Court of Appeals for the Ninth CircuitDecember 20, 2002No. 01-17029California2,215 words

Opinion

Lead Opinion

MEMORANDUM **

Plaintiffs Marcell Mills Jr., James W. Oliver Jr., Carl Lee Jr., Paul E. Williams, and Maurice Belcher-Bey appeal the district court’s grant of summary judgment in their Title VII action alleging that the California Franchise Tax Board (“FTB”) and various employees thereof discriminated against them based on their race (African-American) and gender (male). See 42 U.S.C. § 2000e et seq. They also appeal the district court’s denial of their motion for reconsideration. In addition, Mills appeals the district court’s grant of defendant Aleece Marendt’s motion for summary judgment on Mills’ 42 U.S.C. § 1983 claim. After a careful review of the nearly 3,000 page record in this case, we affirm.

Motion for Reconsideration Based on “New Evidence”

The district court granted summary judgment against plaintiffs Mills, Oliver, Lee, and Belcher-Bey on July 25, 1999, and against plaintiff Williams on November 17, 1999. On May 23, 2001, plaintiffs moved for reconsideration premised on their purported discovery of “new evidence.” The “new evidence” consists of the declaration of Laverne Young, a series of depositions, and the December 29, 2000, report of the Joint…

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