Merritt
Merritt v. American Stores Co.
Opinion
Lead Opinion
MEMORANDUM **
Appellants Robin Merritt, Calvin Mitchell, and Ralph Perez sued Lucky Stores alleging hostile work environments. The district court granted summary judgments against them essentially finding that the alleged incidents were not serious enough to overlook their infrequency and not severe enough to change the conditions of employment. Following the entry of a final judgment, appellants filed a timely appeal.
The district court’s grants of summary judgment are reviewed de novo. McGinest v. GTE Serv. Corp., 360 F.3d 1103, 1112 (9th Cir.2004); Morrison v. Hall, 261 F.3d 896, 900 (9th Cir.2001). We must determine, “viewing the evidence in the light most favorable to the non-moving party, whether there are any genuine issues of material fact and whether the district court correctly applied the relevant law.” Ventura Packers, Inc. v. F/V JEA *638 NINE KATHLEEN, 305 F.3d 913 , 916 (9th Cir.2002).
Our consideration of this appeal cannot help but be influenced by three judicial opinions that were entered after the district court’s orders granting summary judgment in 2000 and 2001, and while this appeal was pending. In National Railroad Passenger Corp. v. Morgan, 536 U.S. 101…