Lonnie Larson v. Liberty Mutual Fire Insurance

Good Law
509 F. App'x 641
United States Court of Appeals for the Ninth CircuitFebruary 19, 201311-16388California395 words

Opinion

Opinion

MEMORANDUM

Lonnie E. Larson appeals from the district court’s judgment in his action under the Americans with Disabilities Act (“ADA”) arising from work-related injuries and the denial of worker’s compensation benefits. We have jurisdiction under 28 U.S.C. § 1291 . We review for an abuse of discretion the district court’s rulings on a motion for leave to amend, Gordon v. City of Oakland, 627 F.3d 1092, 1094 (9th Cir.2010), and a motion to continue summary judgment to allow for further discovery, Tatum v. City & County of San Francisco, 441 F.3d 1090 , 1100 (9th Cir.2006). We affirm.

The district court did not abuse its discretion in denying Larson’s motion for leave to file a fourth amended complaint because Larson failed to allege the elements of a retaliation claim under the ADA despite multiple opportunities to do so, and further leave to amend would have been futile. See 42 U.S.C. § 12203 (a) (prohibiting retaliation for opposing a practice deemed unlawful under the ADA, or for participating in an investigation or other proceeding related to the ADA); Gordon, 627 F.3d at 1094 (no abuse of discretion in denying leave to amend where amendment would be futile).

The district…

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