U.S. Court of Appeals for the Ninth Circuit, 2018

Fred Rosenfeld v. Nv Energy, Inc.

Fred Rosenfeld v. Nv Energy, Inc.
U.S. Court of Appeals for the Ninth Circuit · Decided December 3, 2018

Fred Rosenfeld v. Nv Energy, Inc.

Opinion

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS DEC 3 2018 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT FRED ROSENFELD, No. 18-16050 Plaintiff-Appellant, D.C. No. 2:17-cv-03041-JCM- CWH v. NV ENERGY, INC., MEMORANDUM* Defendant-Appellee.

Appeal from the United States District Court for the District of Nevada James C. Mahan, District Judge, Presiding Submitted November 27, 2018** Before: CANBY, TASHIMA, and FRIEDLAND, Circuit Judges.

Fred Rosenfeld appeals from the district court’s judgment dismissing his employment action alleging age discrimination, hostile work environment, and violations of state law. We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion the district court’s denial of leave to amend. Salameh v.

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

Tarsadia Hotel, 726 F.3d 1124, 1133 (9th Cir. 2013). We affirm.

The district court did not abuse its discretion by dismissing Rosenfeld’s action without leave to amend because Rosenfeld failed to move for leave to amend. See Fed. R. Civ. P. 15(a)(2); Salameh, 726 F.3d at 1133 (no abuse of discretion to deny leave to amend where plaintiff failed to identify facts that could cure the deficiencies in the complaint).

AFFIRMED.

2 18-16050

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