Christine Nguyen v. Qualcomm, Inc.

MEMORANDUM

Christine Nguyen (“Nguyen”) appeals: (a) the district court’s determination that she did not exhaust her administrative remedies; (b) the district court’s grant of summary judgment in favor of Qualcomm Incorporated (“Qualcomm”) on Nguyen’s employment discrimination and harassment claims pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2; (c) the district court’s grant of summary judgment in favor of Qualcomm on her state tort assault and battery claims; and (d) the district court’s denial of her motion to reopen discovery pursuant to Federal Rule of Civil Procedure 56(d).

We review de novo the district court’s decisions regarding both administrative exhaustion and summary judgment. Great Basin Mine Watch v. Hankins, 456 F.3d 955, 961 (9th Cir.2006); Warren v. City of Carlsbad, 58 F.3d 439, 441 (9th Cir.1995).

We hold that Nguyen exhausted administrative remedies. We reverse the grant of summary judgment on the Title VII discrimination claim and remand for trial. We affirm the grant of summary judgment on the Title VII harassment claim and the state tort assault and battery claims. Finally, we hold that Nguyen’s motion to reopen discovery is…