Gamez-Morales

MEMORANDUM **

Jonelle Gamez-Morales sued her former employer, Pacific Northwest Renal Services, LLC (“Pacific Northwest”), for violations of the Americans with Disabilities Act (“ADA”), Title VII, the Family and Medical Leave Act (“FMLA”), and related provisions of Oregon state law. GamezMorales also brought a defamation claim against her former co-worker, Cindy Bain. The district court granted summary judgment in favor of Pacific Northwest and Bain on all claims. Gamez-Morales appeals. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

*574 The record supports the district court’s determination that statements made in paragraphs 47, 55-64, 66-67, and 69 of Gamez-Morales’s declaration contradicted her deposition testimony, and that these contradictions were embellishments calculated “to aid in the defense of Defendants’ motion for summary judgment.” Thus, the district court did not abuse its discretion in striking the challenged statements. See Kennedy v. Allied Mut. Ins. Co., 952 F.2d 262, 266-67 (9th Cir.1991) (holding that a party cannot “create” an issue of fact by submitting an affidavit contradicting prior deposition testimony in an attempt to avoid summary…