Fee v. Management & Training Corporation, 082115 FED9, 13-15703

Docket Nº:13-15703
Party Name:LORENA FEE, an individual, Plaintiff - Appellant, v. MANAGEMENT & TRAINING CORPORATION, a foreign corporation, Defendant-Appellee.
Judge Panel:Before: CLIFTON, N.R. SMITH, and CHRISTEN, Circuit Judges.
Case Date:August 21, 2015
Court:United States Courts of Appeals, Court of Appeals for the Ninth Circuit
 
FREE EXCERPT

LORENA FEE, an individual, Plaintiff - Appellant,

v.

MANAGEMENT & TRAINING CORPORATION, a foreign corporation, Defendant-Appellee.

No. 13-15703

United States Court of Appeals, Ninth Circuit

August 21, 2015

NOT FOR PUBLICATION

Submitted August 20, 2015 [**] San Francisco, California

Appeal from the United States District Court D.C. No. 3:12-cv-00302-RCJ-VPC for the District of Nevada Robert Clive Jones, District Judge, Presiding

Before: CLIFTON, N.R. SMITH, and CHRISTEN, Circuit Judges.

MEMORANDUM [*]

Lorena Fee appeals from the district court's judgment dismissing her action alleging a violation of the Americans with Disabilities Act, 42 U.S.C. §§ 12101, et seq. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a district court's dismissal under Federal Rule of Civil Procedure 12(b)(6), Knievel v. ESPN, 393 F.3d 1068, 1072 (9th Cir. 2005). We affirm the district court's order.

The district court properly dismissed Fee's action because the facts that Fee alleged are conclusory and do not show that her eczema substantially limits her in a major life activity. See 42 U.S.C. § 12102(1) (defining "disability"); 29 C.F.R. § 1630.2(i)(1)(ii) (defining "major life activities, " to include the "operation of a major bodily function"); see also Weaving v. City of Hillsboro, 763 F.3d 1106, 1111 (9th Cir. 2014) (a disability is a physical or mental impairment that substantially limits one or more major life activities...

To continue reading

FREE SIGN UP