Howard

MEMORANDUM **

Cathy Howard brought claims against her former employer, Milwaukie Convalescent Hospital, Inc. (“MCH”) for 1) wrongful termination under state law, 2) violation of the Family and Medical Leave Act, 29 U.S.C. § 2601 et seq. (“FMLA”) and 3) violation of the Oregon Family Leave Act, Or.Rev.Stat. 659A.150 et seq. (“OFLA”). The district court granted MCH’s motion for summary judgment and Howard appealed. We review de novo a district court’s order granting summary judgment. See, e.g., Universal Health Servs., Inc. v. Thompson, 363 F.3d 1013 , 1019 (9th Cir.2004).

Howard did not adduce sufficient evidence to withstand a motion for summary judgment as to any of the claims on appeal. To prevail on a wrongful discharge claim, the employee must establish a “causal connection” between a protected activity (in this case reporting another nurse to the Oregon Board of Nursing) and the discharge. Estes v. Lewis and Clark Coll., 152 Or.App. 372 , 954 P.2d 792, 796-97 (1998), rev. denied, 327 Or. 583 , 971 P.2d 411 (1998). To prevail on her FMLA and OFLA claims, Howard must show that she was terminated for engaging in an activity protected by those statutes (in this case for…