Debra Novak-Scott v. City of Phoenix

* This disposition is not appropriate for publication and may not be cited to or
by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
** The Honorable Ronald B. Leighton, United States District Judge for the
Western District of Washington, sitting by designation.
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
DEBRA NOVAK-SCOTT,
Plaintiff - Appellant,
v.
CITY OF PHOENIX,
Defendant - Appellee.
No. 08-16253
D.C. No. CV-05-3147-PHX-JAT
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
James A. Teilborg, District Judge, Presiding
Argued and Submitted October 8, 2009
San Francisco, California
Before: RYMER and TASHIMA, Circuit Judges, and LEIGHTON,**
District Judge.
Debra Novak-Scott, a City of Phoenix employee, appeals the district court’s
summary judgment dismissing her Title VII retaliation claim against the City of
FILED
NOV 12 2009
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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Phoenix. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm. We
review a district court’s grant of summary judgment de novo. Head v. Glacier, 413
F.3d 1053, 1058 (9th Cir. 2005).
The district court properly concluded that Ms. Novak-Scott failed to
establish a prima facie case of retaliation. She did not suffer the type of significant
harm that would dissuade a reasonable worker from making or supporting a charge
of discrimination. Burlington N. & Santa Fe Ry. Co. v. White, 548 U.S. 53, 60
(2006). Accordingly, for the reasons stated by the district court, summary
judgment was properly granted for the City of Phoenix.
AFFIRMED.

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