EEOC V. CLARK COUNTY, NEVADA, No. 10-16216 (9th Cir. 2012)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS JUN 14 2012 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff - Appellant, No. 10-16216 D.C. No. 2:07-cv-01311-JCMGWF v. MEMORANDUM * CLARK COUNTY, NEVADA, Defendant - Appellee. Appeal from the United States District Court for the District of Nevada James C. Mahan, District Judge, Presiding Argued and Submitted May 17, 2012 San Francisco, California Before: THOMAS, McKEOWN, and W. FLETCHER, Circuit Judges. The Equal Employment Opportunity Commission ( EEOC ) appeals the judgment entered against it on its age discrimination claims filed against Clark County, Nevada. We affirm. * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. Considering all of the incidents of the relationship between Clark County and its unpaid firefighters under the undisputed facts, the district court did not err in concluding that the balance of factors favors granting volunteer status, not employee status, to Clark County s volunteer firefighters under the Age Discrimination in Employment Act. Clackamas Gastroenterology Assoc. v. Wells, 538 U.S. 440, 451 (2003) (internal quotation marks omitted). Therefore, the district court s grant of summary judgment was proper. AFFIRMED. -2-

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