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affirming denial of leave to amend where the evidence relied upon by the plaintiff of the alleged gender-discrimination was known to her at least seven months prior to her motion to amend
Summary of this case from Grasty v. San Juan Unified Sch. Dist.Opinion
The panel unanimously finds this case suitable for decision without oral argument. Fed.R.App.P. 34(a); 9th Cir.R. 34-4.
Editorial Note:
This opinion appears in the Federal reporter in a table titled "Table of Decisions Without Reported Opinions". (See FI CTA9 Rule 36-3 regarding use of unpublished opinions)
Appeal from the United States District Court for District of Nevada, No. CV-93-00017-DWH; David Warner Hagen, District Judge, Presiding.
D.Nev.
AFFIRMED.
Before: SCHROEDER, D.W. NELSON and KOZINSKI, Circuit Judges.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3.
The district court didn't clearly err in finding Nevada negligent, as there was evidence that it knew there was a gravel-erosion problem despite the drain, but failed to correct it, S.E.R. 28; E.R. 113-14. See Barnett v. Sea Land Service, Inc., 875 F.2d 741, 745 (9th Cir.1989) (district court's finding of negligence reviewed for clear error).
Paragraph 15 of the lease does not exculpate Nevada from liability for its own negligence. That paragraph must be read together with paragraph 14 to avoid rendering paragraph 14 superfluous. See Brinderson-Newberg v. Pacific Erectors, 971 F.2d 272, 278-279 (9th Cir.1992), cert. denied, 507 U.S. 914 (1993). So read, the paragraphs provide only that the United States will indemnify Nevada for negligent acts of post office employees (paragraph 14) that occur during the existence of the lease (paragraph 15). E.R. 51-52.
The negligence of the United States was not an intervening cause, superseding Nevada's negligence, as it was foreseeable the United States would negligently fail to clean up the eroded gravel. See Van Cleave v. Kietz-Mill Minit Mart, 633 P.2d 1220, 1221 (Nev.1981).
AFFIRMED.