Jilka
Jilka v. Drivetime Automotive Group, Inc.
Opinion
Lead Opinion
MEMORANDUM **
Debra Jilka appeals pro se from the district court’s summary judgment in favor of DriveTime Automotive Group, Inc. (“DriveTime”), in Jilka’s action under the Age Discrimination in Employment Act of 1967 (“ADEA”) and the Family and Medical Leave Act of 1993 (“FMLA”). We have jurisdiction under 28 U.S.C. § 1291 . We review summary judgment de novo, Lindahl v. Air France, 930 F.2d 1434, 1436 (9th Cir.1991), and review an order granting a motion to strike for abuse of discretion, Hambleton Bros. Lumber Co. v. Balkin Enters., Inc., 397 F.3d 1217 , 1224 n. 4 (9th Cir.2005). We affirm.
The district court did not err when it ruled that Jilka failed to establish a pri-ma facie case of age discrimination where Jilka did not offer evidence that she performed her job satisfactorily or was replaced by an employee with equal or inferior qualifications. See Coleman v. Quaker Oats Co., 232 F.3d 1271, 1280-81 (9th Cir.2000). Further, the district court did not err when it concluded that, even if Jilka had established a prima fa-cie case under the ADEA, Jilka’s employer met its burden to articulate a legitimate nondiscriminatory reason for terminating her by presenting evidence of…