Rodriguez

Rodriguez v. Pierce County

Good Law
267 F. App'x 556
United States Court of Appeals for the Ninth CircuitFebruary 15, 2008No. 06-35640California911 words

Opinion

lead Opinion

MEMORANDUM *

Appellant Norma Rodriguez (“Rodriguez”) appeals from a jury verdict in favor of her former employer, Pierce County (“County”), on her claims of employment discrimination under Title VII and Washington state law. We have jurisdiction under 28 U.S.C. §§ 1331 and 1291 and we affirm.

1. Failure to Exclude Evidence

The district court did not abuse its discretion in denying Rodriguez’s motion in limine to exclude reference to the Moris Report. See Tritchler v. County of Lake, 358 F.3d 1150, 1155 (9th Cir.2004). Rodriguez does not dispute that she had a copy of the report before she made her motion, or that the County ultimately disclosed to her all of the underlying documentation. Rodriguez did not thereafter move for sanctions for the County’s allegedly belated disclosure, and the district court did not abuse its discretion by failing to impose sanctions sua sponte. See Childress v. Darby Lumber, Inc., 357 F.3d 1000, 1010 (9th Cir.2004). More significantly, even if the County failed to provide the documents and information in a timely fashion, Rodriguez has not shown that the County’s “failure to provide documents and information in a timely fashion prejudiced” her,…

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