Christina Jungblut v. Salt River Project

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS NOV 9 2023 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT CHRISTINA JUNGBLUT, an individual, No. 22-15508 Plaintiff-Appellant, D.C. No. 2:19-cv-05837-DLR v. MEMORANDUM * SALT RIVER PROJECT AGRICULTURAL IMPROVEMENT AND POWER DISTRICT, a political subdivision of the State of Arizona, Defendant-Appellee. Appeal from the United States District Court for the District of Arizona Douglas L. Rayes, District Judge, Presiding Submitted November 7, 2023** Before: O’SCANNLAIN, KLEINFELD, and SILVERMAN, Circuit Judges. Christina Jungblut appeals pro se the district court’s summary judgment in Jungblut’s action against her former employer, Salt River Project Agricultural Improvement and Power District, alleging violations of the Americans With * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Disabilities Act (“ADA”) and the Arizona Civil Rights Act (“ACRA”). We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Samper v. Providence St. Vincent Med. Ctr., 675 F.3d 1233, 1235 n.1 (9th Cir. 2012). We affirm. The district court properly granted summary judgment on Jungblut’s ADA and ACRA claims because Jungblut failed to raise a triable dispute as to whether she was “a qualified individual able to perform the essential functions of the job with reasonable accommodation.” Id. at 1237 (explaining the requirements of a prima facie case for failure to accommodate under the ADA) (citation and alterations omitted); see Ariz. Rev. Stat. § 41-1461(12); id. § 41-1463(F)(4); Fancini v. Phoenix Newspapers, Inc., 937 P.2d 1382, 1388 (Ariz. App. 1996) (“Because the ACRA is modeled after federal employment discrimination laws . . . federal case law is persuasive in applying the ACRA.”). We decline to consider arguments and allegations raised for the first time on appeal. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009) (per curiam). Jungblut’s Motion to Transmit Physical Exhibits, Dkt. Entry No. 18, is denied. AFFIRMED. 2