Travis
Travis v. Knappenberger
Opinion
Lead Opinion
MEMORANDUM *
Plaintiffs Travis and Maddocks appeal several adverse rulings made by the district court. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.
A dismissal for failure to state a claim under Fed. R. Civ. Pro. 12(b)(6) is reviewed de novo. See Libas Ltd. v. Carillo, 329 F.3d 1128, 1130 (9th Cir.2003). Because Oregon courts do not recognize the allegations contained in plaintiffs’ complaint as sufficient to establish an intentional infliction of emotional distress claim, the district court’s dismissals of all but two of plaintiffs’ specific allegations were correct. See McGanty v. Staudenraus, 321 Or. 532 , 901 P.2d 841, 849 (1995); see also Robinson v. U.S. Bancorp, No. CV-99-1723-ST, 2000 WL 435468 at *8 (D.Or. Mar. 17, 2000).
We review a district court’s grant of summary judgment de novo. See Delta Savings Bank v. United States, 265 F.3d 1017, 1021 (9th Cir.2001). Because Travis failed to show that Knappenberger’s reason for terminating her was pretext, summary judgment on her retaliatory discharge claim was appropriate. The district court properly granted summary judgment as to Maddocks’ claim because her failure to seek reinstatement was a *26 voluntary…