Marks

Marks v. American Airlines, Inc.

Good Law
313 F. App'x 933
United States Court of Appeals for the Ninth CircuitFebruary 26, 2009No. 07-55717California581 words

Opinion

Lead Opinion

MEMORANDUM *

Dennis Marks (“Marks”) appeals both the district court’s denial of his ex parte application to compel depositions and its decision to grant American Airlines’s (AA) *934 motion for summary judgment, while denying Marks’s cross-motion for summary judgment. The parties are familiar with the facts of this case, and we repeat them only to the extent necessary to understand our disposition. This court has jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm the district court’s rulings.

Marks applied ex parte to continue the discovery cut-off and compel the depositions of AA’s California representative and its Human Resources Director. The district court denied the request. The court had already given Marks an earlier extension of the discovery cut-off date, even though he had failed to notice the depositions prior to the original cut-off date. He then waited until the last day by which the court had ordered that all discovery motions be filed and heard to request a second extension. Moreover, Marks failed to show why another extension was needed. See Fed.R.Civ.P. 6(b)(1). We thus affirm the court’s discretionary decision. See Childress v. Darby Lumber, Inc., 357 F.3d…

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