Jovanny Mayorga v. Diet Center LLC

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS APR 11 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

JOVANNY MAYORGA, No. 23-15807

Plaintiff-Appellant, D.C. No. 2:21-cv-02105-JCM-NJK v.

DIET CENTER LLC, DBA Heart Attack MEMORANDUM* Grill,

Defendant-Appellee.

Appeal from the United States District Court for the District of Nevada James C. Mahan, District Judge, Presiding

Submitted April 9, 2024** Pasadena, California

Before: MURGUIA, Chief Judge, and MENDOZA and DE ALBA, Circuit Judges.

Jovanny Mayorga appeals from the district court’s grant of summary

judgment in favor of Diet Center, LLC, d/b/a Heart Attack Grill (“HAG”) in his

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). employment discrimination action. We have jurisdiction under 28 U.S.C. § 1291.

We review de novo. John Doe 1 v. Abbott Lab’ys, 571 F.3d 930, 933 (9th…