Schoen

MEMORANDUM **

Appellant Erica Schoen (“Schoen”) appeals a grant of summary judgment by the district court in favor of Appellee Freight-liner LLC (“Freightliner”) on two employment discrimination claims arising under Oregon state law. Freightliner cross appeals the district court’s decision to admit certain evidence in considering these claims and the district court’s determination that Schoen has successfully stated a claim on one of the two Oregon statutory provisions under which she brought suit. The district court had jurisdiction under 28 U.S.C. § 1332 , and we have jurisdiction under 28 U.S.C. § 1291 . We reverse the district court’s grant of summary judgment to Freightliner and affirm the district court on Freightliner’s two cross-appeals.

“We review de novo a grant of summary judgment and must determine whether, viewing the evidence in the light most favorable to the nonmoving party, there are any genuine issues of material fact and whether the district court correctly applied the relevant substantive law.” Lopez v. Smith, 203 F.3d 1122, 1131 (9th Cir.2000). The district court found that the “more persuasive evidence” standard from Blue Ridge Insurance Co. v. Stanewich,…