Phillips

MEMORANDUM **

Plaintiff-Appellant Charles Ray Phillips, as the Personal Representative of Lori Mortensen, deceased, 1 appeals the magistrate judge’s granting of Summary Judgment to Defendant-Appellee PacifiCare on Lori Mortensen’s claims of discrimination and retaliation in violation of the Americans with Disability Act (ADA) and Oregon law, interference "with Mortensen’s rights under the Family Medical Leave Act (FMLA) and the Oregon Family Leave Act (OFLA), and wrongful discharge. Because the parties are familiar with the facts, we do not recount them here except as necessary to explain our decision. We have jurisdiction to hear this appeal under 28 U.S.C. § 1291 , and we review de novo the magistrate judge’s grant of summary judgment, considering the evidence available to the magistrate judge at the time the motion was made and viewing facts in the light most favorable to the non-moving party. See Head v. Glacier Northwest, Inc., 413 F.3d 1053, 1058 (9th Cir.2005).

I. Disability Discrimination and Retaliation Claims Under The ADA and Oregon Law

An individual is disabled under federal and Oregon law if the individual has a physical or mental impairment that substantially…