Opinion
Argued and Submitted, San Francisco, California May 17, 2012
NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 32.1)
Appeal from the United States District Court for the District of Nevada. D.C. No. 2:07-cv-01311-JCM-GWF. James C. Mahan, District Judge, Presiding.
For EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff - Appellant: Gail S. Coleman, Attorney, Carolyn L. Wheeler, EEOC - U.S. Equal Employment Opportunity Commission, Washington, DC; Connie K. Liem, EEOC, San Diego, CA; Derek W. Li, Esquire, Sue J. Noh, Esquire, Attorney, Anna Y. Park, U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Los Angeles, CA.
For CLARK COUNTY, NEVADA, Defendant - Appellee: Eva Garcia-Mendoza, Esquire, Luther M. Snavely, III, Esquire, Attorney, GARCIA-MENDOZA & SNAVELY CHTD., Las Vegas, NV.
Before: THOMAS, McKEOWN, and W. FLETCHER, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
The Equal Employment Opportunity Commission (" EEOC" ) appeals the judgment entered against it on its age discrimination claims filed against Clark County, Nevada. We affirm.
Considering " all of the incidents of the relationship" between Clark County and its unpaid firefighters under the undisputed facts, the district court did not err in concluding that the balance of factors favors granting volunteer status, not employee status, to Clark County's volunteer firefighters under the Age Discrimination in Employment Act. Clackamas Gastroenterology Assocs., P.C. v. Wells, 538 U.S. 440, 451, 123 S.Ct. 1673, 155 L.Ed.2d 615 (2003) (internal quotation marks omitted). Therefore, the district court's grant of summary judgment was proper.
AFFIRMED.