Asad

Asad v. International Business Machines Corp.

Good Law
242 F. App'x 443
United States Court of Appeals for the Ninth CircuitJune 19, 2007No. 05-56405California843 words

Opinion

Lead Opinion

*444 MEMORANDUM **

Syed Asad (“Asad”) appeals (1) the district court’s grant of summary judgment for IBM, (2) the district court’s denial of his motion for extension of the discovery cutoff date, and (8) the district court’s denial of his motion to file a surreply brief in opposition to IBM’s motion for summary judgment.

Asad argues that the district court erred by granting summary judgment in favor of IBM because he raised genuine issues of material fact in three areas: (1) age discrimination based on non-promotion; (2) retaliation based on a hostile work environment; and (3) retaliation based on termination. 2 To establish a prima facie case of age discrimination, Asad must provide “evidence adequate to create an inference that an employment decision was based on an illegal discriminatory criterion.” O’Connor v. Consol. Coin Caterers Corp., 517 U.S. 308, 312 , 116 S.Ct. 1307 , 134 L.Ed.2d 433 (1996) (internal quotation marks and alterations omitted) (italics omitted). Once established, the burden shifted to IBM “to prove it had a legitimate non-discriminatory reason for” not promoting him. Lindsey v. SLT Los Angeles, LLC, 447 F.3d 1138, 1144 (9th Cir.2006). If IBM met that…

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