U.S. Court of Appeals for the Ninth Circuit, 2026

Mc Innis v. Levy Premium Foodservice, Lp

Mc Innis v. Levy Premium Foodservice, Lp
U.S. Court of Appeals for the Ninth Circuit · Decided August 27, 2026
Mc Innis v. Levy Premium Foodservice, Lp

Opinion

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS AUG 27 2026 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT FELICIA A. Mc INNIS, No. 25-2687 D.C. No. 2:24-cv-04430-MWF-MAA Plaintiff - Appellant, v. MEMORANDUM* LEVY PREMIUM FOODSERVICE, LP, Erroneously Sued As Levy Restaurants and Catering; COMPASS GROUP, PLC, doing business as Levy Premium Foodservice, Defendants - Appellees.

Appeal from the United States District Court for the Central District of California Michael W. Fitzgerald, District Judge, Presiding Submitted August 25, 2026** Before: SILVERMAN, N.R. SMITH, and DE ALBA, Circuit Judges.

Felicia A. Mc Innis appeals pro se from the district court’s judgment dismissing her employment action alleging discrimination claims under federal

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. law. We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion a district court’s dismissal on the basis of its local rules. Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). We affirm.

The district court did not abuse its discretion by dismissing Mc Innis’s action because Mc Innis failed to oppose the motion to dismiss. See C.D. Cal. R. 7-12 (“The failure to file any required document, or the failure to file it within the deadline, may be deemed consent to the granting or denial of the motion . . . .”); Ghazali, 46 F.3d at 53-54 (9th Cir. 1995) (discussing factors to be considered before dismissing a case for failure to follow local rules, recognizing that “[f]ailure to follow a district court’s local rules is a proper ground for dismissal,” and affirming dismissal for failure to file an opposition to a motion to dismiss).

All pending motions are denied.

AFFIRMED.

2 25-2687

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

Case-law data current through December 31, 2025. Source: CourtListener bulk data.