Buonanoma

Buonanoma v. Sierra Pacific Power Co.

Good Law
325 F. App'x 542
United States Court of Appeals for the Ninth CircuitApril 29, 2009Nos. 05-17195, 06-16160California1,199 words

Opinion

Lead Opinion

*544 MEMORANDUM *

Dennis Buonanoma, a white male born in July 1947, appeals from the district court’s grant of summary judgment in favor of his former employer, Sierra Pacific Power Co. (“SPPC”), on his claims of age, gender, and racial discrimination. In addition, his attorney, Anne M. Vohl, appeals from a sanction order requiring her to pay $3,500 and to attend ten hours of continuing legal education. We vacate the grant of summary judgment on Buonanoma’s claims of age and gender discrimination, affirm the grant of summary judgment on his claim of race discrimination, and affirm the district court’s sanction order.

I

We review an order granting summary judgment de novo. Diaz v. Eagle Produce Ltd. P’ship, 521 F.3d 1201, 1207 (9th Cir.2008). In this employment discrimination case, we address the plaintiffs burden to raise a triable issue of fact as to pretext under the burden-shifting regime set forth in McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802-05 , 93 S.Ct. 1817 , 36 L.Ed.2d 668 (1973). In Noyes v. Kelly Services, 488 F.3d 1163, 1168 (9th Cir.2007), we explained:

Buonanoma made a prima facie showing of age discrimination by presenting ' evidence that he is over…

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