Pratt

MEMORANDUM **

The facts and procedural posture of the case are known to the parties, and we do not repeat them here. Thomas Pratt brought suit, seeking declaratory and in-junctive relief, against the California State Board of Pharmacy and Patricia Harris and Virginia Herold, in their capacities as its officers (collectively “CSBP”), and Applied Measurement Professionals (“AMP”). Pratt alleged that the California pharmacist licensing exam violated the Due Process and Equal Protection Clauses of the Fourteenth Amendment, either because the essay portion of the exam discriminated on the basis of race, or because the exam was so unreliable as to be a violation of due process. He alleged AMP was negligent in developing the exam. Pratt appeals the district court’s grants of summary judgment in favor of the defendants which was based, in part, on its decisions to prohibit Pratt from proceeding on a new theory offered after the close of discovery and to exclude the declaration of Pratt’s expert. Because Pratt has failed to come forward with evidence that would create a triable issue of fact on any of his claims, we affirm the decisions of the district court.

I. AMP’s Motion for Summary…