Costco

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS AUG 26 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

NICHOLAS CONLAN, No. 21-35517

Plaintiff-Appellant, D.C. No. 6:18-cv-00094-JTJ

v.

MEMORANDUM*

COSTCO WHOLESALE CORPORATION,

Defendant-Appellee.

Appeal from the United States District Court for the District of Montana John T. Johnston, Magistrate Judge, Presiding

Argued and Submitted August 9, 2022 Seattle, Washington

Before: CHRISTEN, LEE, and FORREST, Circuit Judges.

Nicholas Conlan sued his former employer, Costco, for failing to

accommodate his alleged disability by not allowing him to bring his dog, Teddy, to

Costco’s warehouse and for discriminating and retaliating against him.1 He appeals

(1) the district court’s order granting in part Costco’s motion in limine, which

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. 1 The parties dispute whether Teddy is a service dog or an emotional support dog, but that question does not affect our analysis of Conlan’s claims.…