Cardwell v. Intel Corp.
Cardwell v. Intel Corp.
Opinion of the Court
MEMORANDUM
Mark Cardwell and his wife, Marti Jo Cardwell (hereafter referred to collectively as “Cardwell”) appeal the district court’s grant of summary judgment in defendants’ favor in this action alleging age discrimination in violation of the Age Discrimination in Employment Act (“ADEA”) and the Arizona Civil Rights Act (“ACRA”), and further alleging retaliation, intentional interference with contractual relations, and negligent infliction of emotional distress. Cardwell also appeals the district court’s denial of a motion to compel discovery. We have jurisdiction under 28 U.S.C. § 1291, and we affirm. Because the parties are familiar with the facts, we recite them only as necessary for this decision.
We review de novo a district court’s grant of summary judgment. Pottenger v. Potlatch Corp., 329 F.3d 740, 745 (9th Cir. 2003). We review for abuse of discretion a district court’s denial of a motion to compel discovery. Hallett v. Morgan, 296 F.3d 732, 751 (9th Cir. 2002).
The district court properly granted summary judgment for defendants on the ADEA and AGRA claims because Card-well failed to present evidence sufficient to raise a genuine issue of material fact as to whether Intel’s legitimate, non-discriminatory reasons for terminating his employment were a pretext for age discrimination. See Pottenger, 329 F.3d at 745-49.
The district court properly granted summary judgment for defendants on the retaliation claim because Cardwell failed to establish a prima facie case of retaliation.
Because the district court properly granted summary judgment for the defendants on the discrimination and retaliation claims, the district court also properly granted summary judgment for the defendants on Cardwell’s claim for intentional interference with contractual relations. See Wagenseller v. Scottsdale Mem’l Hosp., 147 Ariz. 370, 710 P.2d 1025, 1043 (Ariz. 1985), superseded in other respects by Ariz.Rev.Stat. § 23-1501 (1996).
The district court properly granted summary judgment for defendants on Cardwell’s claim for negligent infliction of emotional distress. Arizona law does not recognize a claim for negligent infliction of emotional distress in the context of an employment-related “termination process.” See Mack v. McDonnell Douglas Helicopter Co., 179 Ariz. 627, 880 P.2d 1173,1174-77 (Ct.App. 1994).
The district court did not abuse its discretion in denying Cardwell’s motion to compel discovery. See Hallett, 296 F.3d at 751. The district court properly allowed Cardwell to examine Johnson concerning his reasons for leaving Intel, yet precluded Johnson from disclosing specific terms of the confidential settlement agreement.
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 Ninth Circuit Rule 36-3.
. Courts look to federal law in interpreting ACRA. See St. Luke’s Health Sys. v. State, Dep’t of Law, Civil Rights Div., 180 Ariz. 373, 884 P.2d 259, 263 (Ct.App. 1994). .
Reference
- Full Case Name
- Mark E. CARDWELL, husband Marti Jo Cardwell, wife, Plaintiffs—Appellants v. INTEL CORPORATION, a Delaware corporation Peter Faux, Supervisor John Glancy, Engineering Manager Scott Holman, Manager of Human Resources, Defendants—Appellees
- Status
- Published