FILED NOT FOR PUBLICATION AUG 13 2014 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

LIONEL GARCON; No. 11-17764 MARIE C. GARCON, D.C. No. 2:10-cv-01006-GMS Plaintiffs - Appellants, v. MEMORANDUM* UNION PACIFIC RAILROAD COMPANY; ALBERTO HERNANDEZ, employee; TODD C. WALTERS, employee; LUIS DE LA CRUZ, employee, Defendants - Appellees.

Appeal from the United States District Court for the District of Arizona G. Murray Snow, District Judge, Presiding Submitted August 11, 2014** San Francisco, California

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).

Before: SILVERMAN and CLIFTON, Circuit Judges, and WATSON, District Judge.*** For the reasons stated in the district court’s order, we AFFIRM.

*** The Honorable Derrick Kahala Watson, District Judge for the U.S. District Court for the District of Hawaii, sitting by designation.