Spicer

Spicer v. Cascade Health Services, Inc.

Good Law
279 F. App'x 440
United States Court of Appeals for the Ninth CircuitMay 16, 2008No. 06-35493California662 words

Opinion

Lead Opinion

MEMORANDUM ***

Plaintiff Deborah Sue Spicer appeals the judgment entered by the district court fol *442 lowing a jury verdict in favor of defendant Cascade Health Services, Inc. We affirm.

We decline to review the order denying Spicer’s motion for partial judgment on the pleadings which the district court properly construed as a motion for summary judgment. In general, a lower court’s denial of a pretrial motion for summary judgment is not reviewable on appeal from a final judgment entered after a full trial on the merits. Price v. Kramer, 200 F.3d 1237, 1243 (9th Cir.2000). Spicer’s motion for partial judgment on the pleadings was converted into a motion for summary judgment because it relied upon matters outside of the pleadings. See Fed. R.CivP. 12(c); Romine v. Diversified Collection Servs., Inc., 155 F.3d 1142 , 1145 n. 1 (9th Cir.1998) (noting that stipulated facts are mátters outside of the pleadings). By denying the motion, the district court necessarily determined that contested factual issues existed as to whether Spicer was a ‘qualified individual’ under the ADA. We therefore decline to review the motion at this stage because to do so would be to “engage in the…

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