Unpublished Disposition, 889 F.2d 1097 (9th Cir. 1989)

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U.S. Court of Appeals for the Ninth Circuit - 889 F.2d 1097 (9th Cir. 1989)

Otis WALTON, individually and in his capacity as ashareholder of Dob's Interprise, Inc., acorporation, Plaintiff-Appellant,v.Dorothy HEINTZ, individually and in her capacity as Mayorfor the City of Emeryville; City of Emeryville,Defendants-Appellees.Otis WALTON, individually and in his capacity as ashareholder of DOB'S INTERPRISE, INC.; DOB'SINTERPRISE, INC., a corporation,Plaintiffs-Appellants,v.DOROTHY HEINTZ, individually and in her capacity as Mayorfor the CITY OF EMERYVILLE; CITY OF EMERYVILLE,Defendants-Appellees.

Nos. 88-2830, 88-1638.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted Oct. 6, 1989.Decided Nov. 22, 1989.

Before HUG, FARRIS and REINHARDT, Circuit Judges.


MEMORANDUM* 

Walton failed to produce any evidence of racial discrimination that presented a genuine issue of material fact either on a basis of disparate treatment or disparate impact. The summary judgment as to the counts alleging racial discrimination was appropriately granted. See Celotex Corp. v. Catrett, 477 U.S. 317 (1986); Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (1986).

The district court did not abuse its discretion in declining to exercise pendent jurisdiction over the state law claims and dismissing those claims. See In re Nucorp Energy Sec. Litig., 772 F.2d 1486, 1491 (9th Cir. 1985).

The district court also did not abuse its discretion in denying further discovery and in denying the plaintiffs' request to file a third amended complaint.

The award of monetary sanctions consisting of defendants' attorney fees was appropriate. Appellants do not contest on appeal the amount awarded.

Appellee's motions for sanctions on appeal are denied.

AFFIRMED.

 *

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3