Everett Seymour v. McLane Company, Inc.

MEMORANDUM

Everett Seymour and David McElroy appeal pro se from the district court’s summary judgment in their putative class action alleging state law claims related to their employment as truck drivers. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Conlon v. United States, 474 F.3d 616, 621 (9th Cir.2007), and we affirm.

The district court properly granted summary judgment because plaintiffs failed to raise a genuine dispute of material fact as to any of their claims. See Fed.R.Civ.P. 36(a)(3) (matters set forth in a request for admission are deemed admitted unless the party to whom the request is directed submits a timely response or later seeks permission to withdraw or amend a response); Conlon, 474 F.3d at 621, 624 (unanswered requests for admission, or untimely and deficient responses to the same, may be relied on as the basis for granting summary judgment); Pelletier v. Fed. Home Loan Bank of S.F., 968 F.2d 865, 872 (9th Cir.1992) (to survive summary judgment, nonmoving party “ordinarily must furnish affidavits containing admissible evidence tending to show the existence of a genuine dispute of material fact”).

We lack jurisdiction over plaintiffs’…