FILED
NOT FOR PUBLICATION MAR 25 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
MILAS G. CLARK, JR., No. 09-55895
Plaintiff - Appellant, D.C. No. 2:08-cv-01576-AHM-
CW
v.
RAYTHEON COMPANY, MEMORANDUM *
Defendant - Appellee.
Appeal from the United States District Court
for the Central District of California
A. Howard Matz, District Judge, Presiding
Submitted March 8, 2011 **
Before: FARRIS, LEAVY, and BYBEE, Circuit Judges.
Milas G. Clark, Jr., appeals pro se from the district court’s summary
judgment in his diversity action alleging employment claims under the California
Fair Employment and Housing Act (“FEHA”). We have jurisdiction under 28
U.S.C. § 1291. We review de novo the district court’s grant of summary judgment.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
Sch. Dist. No. 1J, Multnomah Cnty., Or. v. ACandS, Inc., 5 F.3d 1255, 1258 (9th
Cir. 1993). We review for an abuse of discretion both the district court’s denial of
a request for a continuance under Fed. R. Civ. P. 56(f), Tatum v. City & Cnty. of
San Francisco, 441 F.3d 1090, 1100 (9th Cir. 2006), and its denial of a motion for
reconsideration, Sch. Dist. No. 1J, 5 F.3d at 1262. We affirm.
The district court properly granted summary judgment on the claims Clark
raised in his first Department of Fair Employment and Housing (“DFEH”) charge
because Clark filed his lawsuit more than one year after the DFEH issued its right-
to-sue letter. See Cal. Gov’t Code § 12965(b); Johnson v. Riverside Healthcare
Sys., LP, 534 F.3d 1116, 1127 (9th Cir. 2008) (plaintiff must file FEHA claims
within one year after the DFEH issues a right-to-sue letter). Further, the district
court properly granted summary judgment on all of Clark’s discrimination claims
because Clark failed to raise a genuine issue of material fact as to whether
Raytheon Company’s proffered legitimate, nondiscriminatory reasons for its
adverse employment actions were pretext for discrimination. See Morgan v.
Regents of the Univ. of Cal., 105 Cal. Rptr. 2d 652, 665 (Ct. App. 2000) (analysis
of discrimination claims under the FEHA).
The district court properly granted summary judgment on Clark’s reasonable
accommodations claim because Clark failed to raise a genuine issue of material
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fact as to whether Raytheon Company failed to reasonably accommodate his
disability. See Jensen v. Wells Fargo Bank, 102 Cal. Rptr. 2d 55, 62-63 (Ct. App.
2000) (analysis of failure to accommodate claim under the FEHA).
The district court properly granted summary judgment on Clark’s retaliation
claim because Clark failed to raise a genuine issue of material fact as to whether
the decisionmakers knew he filed a DFEH charge when they decided to terminate
him, and as to whether Raytheon Company’s proffered legitimate, nonretaliatory
reasons for Clark’s termination were pretextual. See Morgan, 105 Cal. Rptr. 2d at
666 (to establish a prima facie case of retaliation, the employee must show “that
the employer was aware that the plaintiff had engaged in the protected activity”).
The district court did not abuse its discretion in denying Clark’s request to
for a continuance under Rule 56(f) to conduct additional discovery because Clark
failed to show that he diligently pursued his previous discovery opportunities and
how allowing additional discovery would have precluded summary judgment. See
Panatronic USA v. AT&T Corp., 287 F.3d 840, 846 (9th Cir. 2002).
The district court did not abuse its discretion in denying Clark’s motion for
reconsideration of the order granting summary judgment because Clark failed to
show grounds warranting reconsideration. See Sch. Dist. No. 1J, 5 F.3d at 1263
(grounds for reconsideration).
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Clark’s remaining contentions are unpersuasive.
We do not consider Clark’s contentions raised for the first time on appeal.
See Travelers Prop. Cas. Co. of Am. v. ConocoPhillips Co., 546 F.3d 1142, 1146
(9th Cir. 2008).
Clark’s motions to supplement the record on appeal, take judicial notice, and
file supplemental excerpts of record are denied. Clark’s motion to extend the time
to file paper copies of his reply brief is granted.
AFFIRMED.
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