Brown
Brown v. Cirque Du Soleil Nevada, Inc.
Opinion
Lead Opinion
MEMORANDUM *
Marcie Brown appeals the district court’s grant of summary judgment and denial of a motion for reconsideration of a claim under the Age Discrimination in Em *119 ployment Act of 1967 (“ADEA”), 29 U.S.C. §§ 621-684 (2000), and a claim for retaliatory discharge for filing a workers’ compensation claim under Nevada law. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review a summary judgment grant de novo, Wallis v. J.R. Simplot Co., 26 F.3d 885, 888 (9th Cir.1994), and a denial of a motion for reconsideration for abuse of discretion, Smith v. Pacific Props. & Dev. Corp., 358 F.3d 1097 , 1100 (9th Cir.2004), and we affirm.
For an ADEA claim, we employ the framework developed in McDonnell Douglas Corp. v. Green, 411 U.S. 792 , 93 S.Ct. 1817 , 36 L.Ed.2d 668 (1973). Under that formulation, a plaintiff must first establish a prima facie case of discrimination. Coleman v. Quaker Oats Co., 232 F.3d 1271, 1280-81 (9th Cir.2000). A prima facie case is established if it is shown that the plaintiff (1) was a member of the protected class (at least age 40), (2) performed her job satisfactorily, (3) was discharged, and (4) was replaced by a younger employee with equal or…