Mishler

Mishler v. Avery

Good Law
90 F. App'x 230
United States Court of Appeals for the Ninth CircuitFebruary 20, 2004No. 02-17508; D.C. No. CV-87-00195-ECRCalifornia841 words

Opinion

Lead Opinion

MEMORANDUM **

Alan J. Mishler, M.D. appeals from the district court’s 1 order granting summary judgment in favor of former members 2 of the Nevada State Board of Medical Examiners (the Nevada Board). Mishler also appeals from the district court’s denial of Mishler’s motion to amend his complaint to add the Nevada Board’s executive director as a new defendant, and from the district court’s refusal to modify its scheduling order to extend discovery. We affirm the district court in all respects.

1. Discussion

The parties know the facts and procedural history of this action, so we discuss them only as necessary to explain our disposition. This litigation began in 1987, when Mishler brought a 42 U.S.C. § 1983 action against the Nevada Board Members and other parties not subject to this appeal. Mishler alleged that the Nevada Board Members willfully delayed their response to the Ohio Board of Medical Examiners (the Ohio Board), which had requested information about Mishler’s li-censure status in Nevada. Mishler further alleged that Kathleen Lewis, the Nevada Board’s executive director at the time, deliberately provided false information to the Ohio Board, and that the Nevada Board…

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