Hager

Hager v. Ese

Good Law
137 F. App'x 979
United States Court of Appeals for the Ninth CircuitJune 30, 2005No. 03-17312California653 words

Opinion

Lead Opinion

MEMORANDUM **

Appellants Robert R. Hager and Robert E. Hager, individually and Robert R. Hag-er on behalf of his minor children Ian Hager, Ryne Hager, and Shantal Hager (“Appellants”) filed suit against Appellees Harding ESE (a private engineering firm) and Scott Smith and Julia Pierko (two Harding ESE employees) (collectively “Harding”) in the United States District Court for the District of Nevada (the “Dis *981 trict Court”). Appellants alleged a civil RICO claim, a section 1983 claim, and various state law claims. After allowing ample time for discovery, the District Court granted Harding’s motion for summary judgment on Appellants’ civil RICO and section 1983 claims, and declined to exercise supplemental jurisdiction over Appellants’ remaining state law claims. Appellants timely filed the instant appeal, which we review de novo. See Buono v. Norton, 371 F.3d 543, 545 (9th Cir.2004).

Appellants’ claims arise out of Harding’s work relating to Appellants’ property located near Lake Tahoe, Nevada. The Nevada Division of Environmental Protection (“NDEP”) learned from Appellants’ engineer that this property was contaminated with petroleum and issued Appellants a Notice of…

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