Hancock

MEMORANDUM **

Former United Parcel Service (UPS) employees appeal the district court’s attorneys’ fee award as insufficient. The award followed protracted litigation concerning whether UPS’s vision screening for its truck drivers violated the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq., or the California Fair Employment and Housing Act (FEHA), Cal. Gov’t Code § 12940 et seq. UPS prevailed on all but one of plaintiffs-appellants’ claims. That claim resulted in a cash settlement for two appellants, who also received an award of attorneys’ fees from UPS under FEHA. See Winterrowd v. Am. Gen. Annuity Ins. Co., 556 F.3d 815, 827 (9th Cir.2009) (recognizing that “[s]tate law establishes the required showing for attorney’s fees in an action in diversity”); see also Cal. Gov’t Code § 12965(b) (providing a discretionary award of reasonable attorneys’ fees and costs to the prevailing party). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm the amount of attorneys’ fees awarded by the district court.

California law applies to this diversity action. Under such law, the district court did not abuse its discretion in declining to apply the special master’s suggested…