Hason
Hason v. Medical Board
Opinion
lead Opinion
MEMORANDUM **
Michael J. Hason, M.D., appeals the district court’s decision granting summary judgment to the Medical Board on his claims brought pursuant to Title II of the Americans with Disabilities Act (ADA) and § 504 of the Rehabilitation Act. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm. Because the parties are familiar with the factual and procedural history of this case, we will not recount it here.
We review de novo a grant of summary judgment. Buono v. Norton, 371 F.3d 543, 545 (9th Cir.2004). ‘We review de novo the district court’s determination that res judicata and collateral estoppel are available.” Miller v. County of Santa Cruz, 39 F.3d 1030, 1032 (9th Cir.1994) (citations omitted). “If we determine that collateral estoppel is available, we review for abuse of discretion the district court’s decision to accord preclusion to the agency’s decision.” Id.
The dismissal of defendants for failure to timely serve the summons or complaint is reviewed for abuse of discretion. In re Sheehan, 253 F.3d 507, 511 (9th Cir.2001). Mootness is a question of law reviewed de novo. S. Or. Barter Fair v. Jackson County, 372 F.3d 1128 , 1133 (9th Cir.2004).