Killingsworth

Killingsworth v. State Farm Mutual Automobile Insurance

Good Law
254 F. App'x 634
United States Court of Appeals for the Ninth CircuitNovember 16, 2007Nos. 05-17135, 06-15432California1,015 words

Opinion

Lead Opinion

MEMORANDUM *

John Killingsworth appeals the district court’s order granting summary judgment in favor of State Farm on his claims of race discrimination under 42 U.S.C. § 1981 , age discrimination under the Age Discrimination in Employment Act of 1967, and various state law contract claims. He also appeals the district court’s orders denying leave to amend the complaint, denying the motion to disqualify, and granting attorney’s fees to State Farm. We affirm.

Preliminary Matters

As an initial matter, we hold that the district court did not abuse its discretion in denying leave to amend the complaint because the evidence in the record indicates that Killingsworth knew of the claim well before he filed the complaint and allowing the amendment would have prejudiced State Farm. See Jackson v. Bank of Hawaii, 902 F.2d 1385, 1388 (9th Cir.1990); EEOC v. Boeing Co., 843 F.2d 1213, 1222 (9th Cir.1988).

Additionally, the district court judge did not abuse his discretion by refusing to disqualify himself. Although the district court judge was an unnamed class member in an unrelated class action against State Farm, a reasonable and objective observer would not question the judge’s…

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