Orville Meaux v. Northwest Airlines, Inc.

MEMORANDUM

Plaintiff-Appellant Orville Meaux appeals the district court’s denial of his request for a continuance brought pursuant to former Rule 56(f) of the Federal Rules of Civil Procedure and its denial of his motion to vacate the judgment brought pursuant to Rule 60(b)(6) of the Federal Rules of Civil Procedure. Both of these rulings are reviewed for an abuse of discretion. United States v. Kitsap Physicians Serv., 314 F.3d 995, 1000 (9th Cir. 2002) (Rule 56(f)); Cmty. Dental Sens. v. Tani, 282 F.3d 1164 , 1167 n. 7 (9th Cir. 2002) (Rule 60(b)(6)). He also appeals the district court’s grant of summary judgment to Defendant-Appellee Northwest Airlines (“NWA”) on Meaux’s claim for discriminatory termination, which we review de novo. Russell Country Sportsmen v. U.S. Forest Serv., 668 F.3d 1037, 1041 (9th Cir.2011). Because the procedural and factual history of this case is familiar to the parties, we recount it only to the extent necessary to explain our decision. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

“Under [Rule] 56(f), a trial court may order a continuance on a motion for summary judgment if the party requesting a continuance submits affidavits…