John S. v. County of Orange

Len S. appeals summary judgment on his claims under the Rehabilitation Act, the Americans with Disabilities Act, 42 U.S.C. §§ 1982 and 1983, and related state law claims. He also appeals the denial of his Rule 59(e) motion to set aside the judgment.

The district court’s grant of summary judgment is reviewed de novo. Long v. County of Los Angeles, 442 F.3d 1178, 1184 (9th Cir.2006). Viewing the evidence in the light most favorable to Len S., summary judgment was appropriate if there were no genuine issues of material fact and the district court correctly applied the relevant substantive law. Suzuki Motor Corp. v. Consumers Union, Inc., 330 F.3d 1110, 1131-32 (9th Cir.2003). The district court’s decision to grant a Rule 59(e) motion is reviewed for abuse of discretion. Far Out Prods., Inc. v. Oskar, 247 F.3d 986 , 992 (9th Cir.2001).

Len S. filed an inadequate opposition to defendants’ summary judgment motion. His untimely, unsworn, and conclusory “supplemental statement” did not comply with the district court’s explicit instructions or the local rules. C.D. Cal. L.R. 56-2. It was not error for the district court to deem the material facts submitted by defendants as admitted and…