Donna Krieg v. U.S. Foodservice, Inc.

FILED

MAR 14 2013

NOT FOR PUBLICATION

MOLLY C. DWYER, CLERK

U .S. C O U R T OF APPE ALS

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

DONNA KRIEG, No. 11-17423

Plaintiff-Appellant, D.C. No. 3:10-cv-02491-WHA

v. MEMORANDUM *

U.S. FOODSERVICE, INC.,

Defendant-Appellee.

Appeal from the United States District Court for the Northern District of California William Alsup, District Judge, Presiding

Submitted March 12, 2013 ** San Francisco, California

Before: WALLACE, MCKEOWN, and IKUTA, Circuit Judges.

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Donna Krieg appeals the district court’s summary judgment in favor of U.S.

Foodservice, Inc. on multiple claims relating to her termination as a clerical

assistant after she suffered a back injury. We affirm.

Because Krieg’s deposition testimony flatly contradicted the statements in

her declaration that her supervisors informed her she…