Reyes

MEMORANDUM **

Plaintiff Jarritos, Inc. (“Jarritos”) appeals the district court’s grant of summary judgment to the Defendant, Los Jarritos Restaurant (“The Restaurant”) on Jarri-tos’ trademark infringement claims. We apply an abuse of discretion standard to our review of evidentiary rulings made in the context of summary judgment, American Civil Liberties Union of Nev. v. City of Las Vegas, 333 F.3d 1092, 1097 (9th Cir.2003), and to the imposition of discovery sanctions, see Childress v. Darby Lumber, Inc., 357 F.3d 1000, 1009 (9th Cir.2004). We review the district court’s grant of summary judgment de novo, drawing reasonable inferences in favor of Jarritos, the non-moving party. Yellow Cab Co. of Sacramento v. Yellow Cab of Elk Grove, Inc., 419 F.3d 925, 927 (9th Cir.2005). Applying these standards, we conclude that the district court did not abuse its discretion in imposing discovery *217 sanctions but did err in its evidentiary rulings and its analysis of the likelihood of consumer confusion. We therefore reverse.

I. Discovery Sanctions

The district court acted within its discretion in excluding Jarritos’ late-filed expert reports. Rule 26 requires parties to disclose the…