Yankee Doodles, Ltd. v. Long Beach Police Department

MEMORANDUM *

Plaintiff-Appellant Yankee Doodles, Ltd. (“Yankee”) filed a 42 U.S.C. § 1983 claim against the Long Beach Police Department (“City”) alleging due process and equal protection violations under the Fourteenth Amendment. The facts and procedural history are known to the parties and we do not recount them here.

First, Yankee waived its Rule 59 and Rule 60 arguments because, although it raised them in its notice of appeal, it failed to present them in its opening brief. See Indep. Towers of Wash. v. Washington, 350 F.3d 925 , 929 (9th Cir.2003). Regarding Yankee’s Rule 56(f) argument, we find that the district court did not abuse its discretion because ample evidence demonstrates that Yankee did not diligently pursue its previous discovery opportunities. See Qualls v. Blue Cross of Cal., Inc., 22 F.3d 839, 844 (9th Cir.1994).

Second, Yankee was not “deprived” of any property right because it continued to operate as a food establishment throughout the licensing process, and, more importantly, the City ultimately granted Yankee a license. See Bd. of Regents v. Roth, 408 U.S. 564, 569 , 92 S.Ct. 2701 , 33 L.Ed.2d 548 (1972). Moreover, Yankee does not have a reasonable…