GUADALUPE LYN V. OUTBACK STEAKHOUSE OF FLA. LLC, No. 18-17017 (9th Cir. 2019)

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FILED NOT FOR PUBLICATION APR 22 2019 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT GUADALUPE LYN, U.S. COURT OF APPEALS No. 18-17017 Plaintiff-Appellant, D.C. No. 2:17-cv-00614-GMN-NJK v. MEMORANDUM* OUTBACK STEAKHOUSE OF FLORIDA, LLC, Defendant-Appellee. Appeal from the United States District Court for the District of Nevada Gloria M. Navarro, District Judge, Presiding Submitted April 17, 2019** Before: McKEOWN, BYBEE, and OWENS, Circuit Judges. Guadalupe Lyn appeals from the district court’s summary judgment in her diversity action alleging a negligence claim under Nevada law. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Braunling v. Countrywide Home Loans Inc., 220 F.3d 1154, 1156 (9th Cir. 2000). We affirm. * 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). The district court properly granted summary judgment because Lyn failed to raise a genuine dispute of material fact as to whether defendant caused the foreign substance to be on the floor, or whether defendant had actual or constructive notice of a hazardous condition and failed to remedy it. See Sprague v. Lucky Stores, Inc., 849 P.2d 320, 322-23 (Nev. 1993) (setting forth requirements for premises liability under a negligence theory); see also Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249-50 (1986) (“If the [nonmoving party’s] evidence is merely colorable, or is not significantly probative, summary judgment may be granted.” (internal citations omitted)). AFFIRMED. 2 18-17017

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