Lonnie Larson v. Liberty Mutual Fire Insurance
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).