Batista

MEMORANDUM *

Joaquin Batista (“Batista”) appeals the district court’s grant of summary judgment to Stewart Enterprises (“Stewart”). As the facts are familiar to the parties, we do not recite them here except as necessary to understand our disposition. We review the district court’s decision on summary judgment de novo, see Vasquez v. County of Los Angeles, 349 F.3d 634, 639 (9th Cir.2003), and the district court’s decision not to reconsider summary judgment for abuse of discretion, see FTC v. Garvey, 383 F.3d 891 , 896-97 (9th Cir.2004), and affirm.

*769 This court has jurisdiction under 28 U.S.C. § 1291 . Batista argued that the Stewart’s alleged violation of its progressive discipline policy, included in the collective bargaining agreement (“CBA”), constituted proof that Stewart’s non-discriminatory reason for his firing was a pretext for age discrimination; the Stewart disputed Batista’s interpretation of its progressive discipline policy.

Batista thus chose to frame his discrimination claim so that it turned largely on a disputed interpretation of the CBA. Under section 301 of the Labor Management Relations Act, pre-emption was, therefore, appropriate. The preemption…