Machado

Machado v. Johnson

Good Law
191 F. App'x 531
United States Court of Appeals for the Ninth CircuitJune 29, 2006No. 04-16852California586 words

Opinion

Lead Opinion

MEMORANDUM *

Plaintiff-Appellant Arthur B. Machado appeals a jury verdict in favor of Defendant-Appellee Hansford T. Johnson. 1 Machado claims that he was discriminated against on the basis of his race and national origin. Specifically, Machado appeals the district court’s exclusion of four pieces of evidence: (1) testimony about discriminatory statements and actions by William Lindsey, Machado’s second-level supervi *533 sor; (2) evidence of allegedly discriminatory treatment of other Asian/Pacifie Islander managers; (3) a list of the race and national origin of other managers; and (4) evidence of allegedly “similarly situated” white managers who were not disciplined for misconduct. We affirm the district court’s evidentiary exclusions.

I

The district court did not abuse its discretion by excluding hearsay testimony regarding Lindsey’s allegedly discriminatory statements and actions. Lindsey was not linked to the decision to fire Machado, and the hearsay statements were remote in time. Thus, because there was no nexus between Lindsey’s allegedly discriminatory conduct and Machado’s termination, Lindsey’s hearsay statements were not relevant. See Tennison v. Circus Circus…

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