Kott

Kott v. Rumsfeld

Good Law
74 F. App'x 777
United States Court of Appeals for the Ninth CircuitSeptember 4, 2003No. 02-35368; D.C. No. CV-00-00192-HRHCalifornia344 words

Opinion

Lead Opinion

*778 MEMORANDUM *

Plaintiff Lichine Kott filed suit against Defendant Army and Air Force Exchange Service (“AAFES”) alleging discrimination based on her national origin in violation of Title VII of the Civil Rights Act, 42 U.S.C. §§ 2000e to 2000e-17, and her age in violation of the Age Discrimination in Employment Act, 29 U.S.C. §§ 621 to 634. AAFES moved for summary judgment, and the district court granted the motion, finding that Kott had failed to prove that AAFES’s reasons for its actions were a pretext for discrimination. See McDonnell Douglas Corp. v. Green, 411 U.S. 792 , 93 S.Ct. 1817 , 36 L.Ed.2d 668 (1973). Kott appealed after receiving an extension of time from the district court to file a notice of appeal. See Fed. R.App. P. 4(a)(5).

As an initial matter, AAFES argues that the district court abused its discretion in applying the wrong legal standard when it granted Kott’s motion for an extension of time to file her notice of appeal. The district court order reveals that it applied the correct standard, and we conclude it did not abuse its discretion.

Kott argues on appeal that she provided sufficient evidence of pretext to create a triable issue of fact. She offers…

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