Clinics v. Humana, Inc.

1 Citing case

  1. Naderi v. Sophos Inc.

    Case No. 15-cv-04006-JCS (N.D. Cal. Aug. 18, 2016)   Cited 2 times
    Granting summary judgment to employer where employee did not provide evidence knee injury limited his ability to work, testified he could perform his duties after his injury, and never took time off from work after his injury: "The fact that Naderi suffered injury and underwent surgery is not enough; he must show that his disability actually interfered with his employment."

    The Court also finds Naderi's "failure to prevent" claim improper, as he has asserted it for the first time in his Opposition. See Gilmour v. Gates, McDonalds and Co., 382 F.3d 1312, 1315 (11th Cir. 2004) ("At the summary judgment stage, the proper procedure for plaintiffs to assert a new claim is to amend the complaint in accordance with Fed.R.Civ.P. 15(a). A plaintiff may not amend [his] complaint through argument in a brief opposing summary judgment."); accord Stanford Hosp. and Clinics v. Humana, Inc., 5:13-cv-04924 HRL, 2015 WL 5590793, at *6, (N.D. Cal. Sept. 23, 2015). The Court therefore need not consider it before granting summary judgment.