Midgley v. Xelan, Inc.
Midgley v. Xelan, Inc.
Opinion of the Court
JUDGMENT
This appeal was considered on the record from the United States District Court for the District of Columbia and on the briefs filed by the parties. See Fed. R.App. P. 34(a)(2); D.C.Cir. Rule 34(j). It is
ORDERED AND ADJUDGED that the district court’s orders filed January 14, 2003, February 25, 2003, and April 15,
The court will not consider appellant’s argument that he was terminated in violation of California public policy because he did not raise this claim in his amended complaint or in his opposition to the motion for summary judgment. See District of Columbia v. Air Florida, Inc., 750 F.2d 1077,1084-85 (D.C.Cir. 1984).
Finally, the district court did not abuse its discretion in denying appellant’s motions for additional discovery because appellant did not renew his motion until after the district court granted summary judgment, and because the record was adequate to determine whether summary judgment was warranted. See White v. Fraternal Order of Police, 909 F.2d 512, 517 (D.C.Cir. 1990).
Pursuant to D.C. Circuit rule 35, this disposition will not be published. The Clerk is directed to withhold issuance of the mandate herein until seven days after resolution of any timely petition for rehearing or rehearing en banc. See Fed. R.App. P. 41(b); D.C.Cir. Rule 41.
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