Chang

Chang v. Kamehameha Schools/Bernice Pauahi Bishop Estate

Good Law
81 F. App'x 685
United States Court of Appeals for the Ninth CircuitNovember 20, 2003No. 02-15568; D.C. No. CV-00-00302-HG/BMKCalifornia897 words

Opinion

Lead Opinion

MEMORANDUM *

Randall Chang appeals the district court’s grant of summary judgment on his claims against Kamehameha Schools Bernice Pauahi Bishop Estate, its Trustee Robert Kihune, and its former Chief Operating Officer Nathan Aipa. He alleges that the Defendants created a hostile workplace, eliminated his job as General Manager of the Asset Management Group and failed to continue his employment on account of his national origin and in retaliation against his opposition to what he perceived to be the Estate’s preferential treatment of Hawaiian and part-Hawaiian employees.

Before addressing Chang’s substantive claims, we deal with three procedural issues. First, we find that Chang filed a timely appeal. The district court properly treated Chang’s post-judgment motion as a motion to alter and amend a judgment under Fed.R.Civ.P. 59(e), which extends the deadline for appeals. American Ironworks & Erectors, Inc. v. North American Constr. Corp., 248 F.3d 892 , 898-99 (9th Cir.2001).

Second, the district court did not err in dismissing Chang’s second amended complaint, which merely provided further description of incidents enumerated in his *687 first amended complaint. See Oluwa v.…

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