From Casetext: Smarter Legal Research

Disabled Rights Action Committee v. Fremont Street Experience Ltd. Liability Co.

United States Court of Appeals, Ninth Circuit
Jun 2, 2000
225 F.3d 662 (9th Cir. 2000)

Summary

holding that under section 25506, "the clock starts running on the statute of limitations" when the plaintiff has inquiry notice of the alleged misconduct

Summary of this case from Deveny v. Entropin Inc.

Opinion


225 F.3d 662 (9th Cir. 2000) DISABLED RIGHTS ACTION COMMITTEE, a Utah non-profit corporation; Ronald Ray Smith, Plaintiffs--Appellants, v. FREMONT STREET EXPERIENCE LIMITED LIABILITY COMPANY, a Nevada corporation, Defendant--Appellee. No. 00-15108. United States Court of Appeals, Ninth Circuit June 2, 2000

Submitted May 22, 2000.

The panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).

D.C. No. CV-98-01514-HDM

Editorial Note:

This opinion appears in the Federal reporter in a table titled "Table of Decisions Without Reported Opinions". (See FI CTA9 Rule 36-3 regarding use of unpublished opinions)

Appeal from the United States District Court for the District of Nevada, Howard D. McKibben, District Judge, Presiding.

Before PREGERSON, FERNANDEZ, and WARDLAW, Circuit Judges.

MEMORANDUM

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

This preliminary injunction appeal comes to us for review under Ninth Circuit Rule 3-3. We have jurisdiction under 28 U.S.C. § 1292(a)(1), and we affirm.

We express no view on the merits of the complaint. Our sole inquiry is whether the district court abused its discretion in denying preliminary injunctive relief. See Gregorio T. v. Wilson, 59 F.3d 1002, 1004-05 (9th Cir.1995). The record before us shows that the district court did not rely on an erroneous legal premise or abuse its discretion in concluding that appellant had failed to demonstrate a likelihood of success on the merits and in denying preliminary injunctive relief. See id. The court's factual findings and application of legal standards are not clearly erroneous. See id. Accordingly, the court's order denying the preliminary injunction is

AFFIRMED.

Appellee's motion to strike exhibits attached to appellants's reply brief is granted.


Summaries of

Disabled Rights Action Committee v. Fremont Street Experience Ltd. Liability Co.

United States Court of Appeals, Ninth Circuit
Jun 2, 2000
225 F.3d 662 (9th Cir. 2000)

holding that under section 25506, "the clock starts running on the statute of limitations" when the plaintiff has inquiry notice of the alleged misconduct

Summary of this case from Deveny v. Entropin Inc.
Case details for

Disabled Rights Action Committee v. Fremont Street Experience Ltd. Liability Co.

Case Details

Full title:DISABLED RIGHTS ACTION COMMITTEE, a Utah non-profit corporation; Ronald…

Court:United States Court of Appeals, Ninth Circuit

Date published: Jun 2, 2000

Citations

225 F.3d 662 (9th Cir. 2000)

Citing Cases

Frommert v. Conkright

Frommert v. Conkright, 206 F. Supp.2d 435 (W.D.N.Y. 2002); Layaou v. Xerox Corp., 69 F. Supp.2d 419 (W.D.N.Y.…

Mosqueda-Cisneros v. United States

“[A] motion for summary judgment may be brought prior to filing an answer.” Hale v. Beneficial Fin., 225 F.3d…