Truss

MEMORANDUM *

Alice Truss appeals from the district court’s order granting summary judgment to Foss Home and Village on her claims for wrongful termination under Title VII and for retaliation in violation of public policy under Washington law. We affirm on Truss’s Title VII claim and reverse on her state law claim.

I

It does not matter whether Truss’s position with respect to a Rule 56(f) continuance is well taken, because the district court in fact considered submissions from discovery taken after the motion was noted but before the discovery cut-off and found that the result was not affected. Bank of America, NT & SA v. PENGWIN, 175 F.3d 1109, 1118 (9th Cir.1999) (finding an abuse of discretion only “if the movant diligently pursued its previous discovery opportunities, and can demonstrate that allowing additional discovery would have precluded summary judgment”). We agree, as a reasonable jury could not infer that race was a motivating factor based on the proffered testimony of Gilbert Diga, Roswitha Kohler, or Balbina Jiminez. Although Truss alluded at oral argument to additional evidence from Foss Village residents, there is no basis for finding prejudice as the record…